Pablo's Story: Justice Served for Hard-Working Family

Like many immigrant workers, 58-year-old Pablo*, his wife, and their son work in construction, supporting the essential infrastructure of the United States. It was in February 2021, that a particular job with a contractor would take a dangerous turn. “We were working outside of the city we live in. We live near Macon, in Georgia, and from here they took us to work in South Carolina,” shared Pablo in an interview with Sur Legal Collaborative’s Legal Advocate, Stephanie Lopez-Burgos. 

Originally from Mexico, Pablo and his family speak Spanish with limited English and were repeatedly disrespected and threatened by the foreman on this out-of-state job. They were denied breaks and not provided with the proper protective equipment. “It was raining, and it was very cold when we were working and lightning,” Pablo continued. “And we were on top of some antennas there and it was very cold and because of the rain we got very wet. I sent him a message and told him that we couldn't work like this, that it was already four in the afternoon. And the boss answered me very badly and I recorded the entire conversation.” 

As he and his family began to get hypothermia, Pablo knew their safety was at risk and put his foot down. For his courage in asserting his rights, the family were fired on the spot, threatened, and denied their final paycheck. Immigrant workers are often taken advantage of by abusive employers who believe they won’t push back from fear of retaliation, but Pablo’s strong sense of justice fueled his resolve. His brother knew someone who was connected to Sur Legal following the deadly nitrogen leak in Gainesville, and he passed on the contact information for Executive Director, Shelly Anand. 

Justice Served

Pablo’s strong sense of justice fueled his resolve. “Don't be afraid to report how badly you are treated at work.”

“Initially this was a last paycheck case—they just wanted what they were owed for their work—and we were going to go to small claims court,” said Shelly. “But just before the six-month statute of limitations, Pablo decided to file a National Labor Relations Act (NLRA) complaint. When they expressed that they didn’t feel safe working and were subsequently fired, their rights were violated.” The NLRA protects the rights of employees to engage in a “protected concerted activity”, which is when two or more employees take action for their mutual aid or protection regarding terms and conditions of employment—for example, participating in a concerted refusal to work in unsafe conditions.

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With support from Sur Legal, the family received a settlement from their former employer which included not only the paycheck that they were owed, but wages lost for the weeks that they were unemployed, and other damages. The family can now continue with their lives. Pablo is prioritizing his family—his pride and joy—and working hard to move forward. “I am very grateful to those who helped me. Thankful because otherwise.... I would have achieved nothing. I was already without hope of having legal representation. And that I could work something out with these people. And you helped me well and thanks to you we achieved what was achieved.” 

“Pablo’s perseverance and sense of justice for his family was powerful,” said Shelly. “They were put through so much. He really was the captain of his ship, he led this case, and he was ultimately successful. It was an honor for our team to serve this family.”

Pablo encourages other workers in similar situations to ask for the help they need. “One should have contact with people who know how to deal with and help with legal problems,” he shared. “And don't be afraid. Because Shelly knows the law well and will be very protective of you, don't be afraid to report how badly you are treated at work. Rest assured that Sur Legal will do everything they can to help people, whether or not they have money to pay.”

In parting words of wisdom, Pablo added, “Do not lose hope. Everything can be fixed.”

*Our client's first name has been changed to protect privacy.

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Our team remains dedicated to fighting alongside immigrant and working-class communities in the struggle for worker justice. Join Sur Legal in building worker power in the Deep South—become a monthly donor at any amount to ensure workers have access to the tools and knowledge they need to fight for their rights.