If stopped by any law enforcement officer, do not make any threatening moves and obey all orders. Be polite. Keep your hands where the officer can observe them. Try to remember the officer's name and badge number.
Can
the police stop me if they suspect that I do not have correct immigration
papers?
Police can stop
you if they have reasonable suspicion that you are doing something illegal or
have observed you committing a violation of law. You should not be stopped
solely because you “look Mexican.” If you can, ask politely, "Excuse me
officer, why am I being stopped?"
What
should I do if police stop me or arrest me?
·
You
always have the right to remain silent. You do not have to talk to anyone even
if you are arrested. If you decide to answer questions, know that anything you
say to the police can be used against you and others, and lying to the
government is a crime. You can at any point decide not to answer any more
questions.
·
You
have the right to talk to a lawyer before you answer any questions. EXERCISE
THAT RIGHT!
·
The
police can pat down the outside of your clothing if they think you might be
dangerous. If they ask to conduct a further search or if they ask to search
your vehicle you can say no. Clearly
state, "I do not consent to a search," but if the police decide to
search anyway, do not try to stop the officer.
·
If
the police stop you in your car, you must have a license, vehicle registration
and proof of insurance at all times when driving and provide them to the police
officer. Do not make any sudden moves. Ask permission before you search your
pockets or the glove compartment. If you do not have these documents tell the
officer immediately and wait to be ticketed. Do not say anything more except in
relation to these offenses.
Driving
and alcohol
·
It
is illegal to drive if your blood alcohol is above 0.08% if over age 21, which
usually means two drinks, or 0.02% if under 21, usually less than one drink.
·
If
you are stopped and asked to take a blood alcohol test, you can refuse to take
the test at that moment and elect to take it at the police station. At the
station, you can request to contact an attorney for advice. If you refuse to take a breath, blood or
urine test, or if the results of your test are above the prohibited level, your
license may be suspended or revoked.
What
rights do I have if I am not a citizen?
·
All
of the rights discussed above are rights that you are entitled to whether you
are a citizen or not. As a noncitizen, you have the right to talk to a lawyer;
however, you are responsible for hiring the attorney. Always have with you the
name and phone number of a lawyer who will answer your telephone calls.
·
The
law requires that you carry immigration papers with you at all times. If you do
not have these with you, you may be arrested by immigration enforcement
officers, and in certain situations, by local law enforcement.
What
if I do not speak or understand English?
·
If
you do not understand English, state clearly and repeat as many times as
necessary, “I don’t understand English”/ “No hablo Ingles.” DO NOT ATTEMPT TO TALK TO THE OFFICER IF YOU DO NOT
UNDERSTAND WHAT HE IS SAYING. DO NOT NOD YOUR HEAD “YES,” IF YOU DO NOT
UNDERSTAND. If you cannot understand, it is better to remain
silent.
·
Only
if you are arrested for a criminal violation, do you have a right to an
interpreter. You always have the right to an attorney, who can provide
translation services. Always have with you the name and phone number of someone
who can interpret for you and a lawyer who can speak Spanish.
EMPLOYMENT
Does
my employer have to give cigarette, coffee or lunch breaks?
There
is no law that requires or regulates whether an employer MUST provide a break.
Can
my employer require me to work more than 8 hours a day and more than 40 hours
in a week?
YES.
However, the employer is required by law to pay overtime compensation for any
work done beyond 40 hours in a 7 day time period.
What
if my employer does not pay me for overtime or does not record the hours
actually worked?
The
Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural
Worker Protection Act (MSPA) requires employers to pay covered employees a
minimum wage and, time and a half an employee's regular rate of pay for
overtime hours. FLSA exempts agricultural
workers from overtime premium pay, but requires the payment of the minimum wage
to workers employed on farms with more than seven full-time workers. Employers
must keep records on wages, hours and other information. It is illegal for
employers to falsify or otherwise alter records of employee wages or hours.
Can
my employer cut my hourly paid rate of pay?
Yes,
but Missouri law requires that your employer give you 30 days advance written
notice of a reduction in your wages and salary.
Can
my employer fire me, even if I was out sick?
If
you have worked for at least one year, then you may be eligible for the Family
and Medical Leave Act, which allows you time off if you are ill. Otherwise an
employer can fire you at any time for any reason as long as it is not because
of your race, ethnicity or national origin.
How
much time off am I entitled to when I have a baby of a family member is sick?
The
Family and Medical Leave Act requires employers of 50 or more employees to give
up to 12 weeks of unpaid, job-protected leave to eligible employees for the
birth or adoption of a child or for the serious illness of the employee or a
spouse, child or parent.
What
if my work environment is not safe?
·
Under
Occupational Safety and Health Administration (OSHA) regulations, you have a
legal right to ask your employer for equipment that will make your job
safer.
You have a legal right to file complaints with the
OSHA. You do not have to give your name in the complaint. It is illegal for your employer to retaliate
against you for asking for a safe and healthy workplace or answering questions
from OSHA.
·
You
can respond to questions from an OSHA inspector and point out hazards,
including telling the inspector about past accidents or illnesses and informing
the inspector if your employer has temporarily eliminated hazards during the
inspection.
HOUSING
Do
I need a written lease or rental agreement?
·
A
written lease or rental agreement isn't legally required, unless you have a
fixed term that is longer than one year.
It is always good to have a written agreement, signed by both landlord
and tenant, in order to prevent disputes about exactly what both parties agreed
to. This fixed term binds both you and
the landlord for that agreed on time period.
·
A
written agreement should state both your responsibilities and those of your
landlord. This includes who repairs broken appliances. Make sure any changes
are in writing and signed by both of you.
·
An
oral agreement is only good for month-to-month. Either you or the landlord can
end the agreement at any time with only one month's written notice.
What
if my landlord shuts off my utilities?
It
is illegal for a landlord to shut off utilities, unless it is for health or
safety reasons.
Can
I share an apartment with another family?
Local
zoning may prohibit two unrelated families sharing. Also, Missouri law allows
only two persons per bedroom, with the exception of children born during the
lease period.
Can
my landlord evict me?
·
A
landlord cannot evict you without a court order. A landlord can begin court
proceedings if you damage the property, violate any of the terms in the lease,
refuse to pay rent, have any drug or criminal activity, refuse to move out when
the lease is up or injure the landlord or another renter.
·
Not
paying rent because of repairs that the landlord has not done will get you
evicted.
·
You
will get the chance to speak in court before the landlord can evict you.
What
about my security deposit?
·
A
landlord cannot ask for more than two months' rent for your security deposit.
·
The
landlord may keep part or all of that deposit to pay for damages to the
property, any remaining amount must be returned to you within 30 days.
·
The
landlord MUST give you a list of the damages that are being deducted from your
security deposit.
·
If
you feel that the landlord is wrongly charging you for damages and taking it
from your deposit, you have the right to sue.
What
if the landlord is charging too much rent?
If
you feel that your landlord is charging a higher rent, or refusing to rent to
you, or falsely saying that the property is no longer available because of your
race, color, religion, sex, disability, national origin or family relationship
please contact local housing authorities, the Kansas City HUD Office, or the
Missouri Attorney General. This is discrimination and it is illegal.
What
if my home becomes unsafe or unhealthy?
If
your home is unsafe, you should notify your landlord immediately and detail in
writing the conditions that you believe are unsafe. If your landlord fails to
respond, contact the local housing authorities or the local health authorities
immediately. Your landlord cannot evict you for filing a complaint.
HEALTHCARE
Am
I entitled to health care if my job does not provide me with health insurance?
·
Missouri
has free clinics all over the state. Contact Alianzas in Kansas City or your
Regional Health Office to find the nearest one.
·
The
law requires emergency rooms to provide you with medical care in “life
threatening situations.” You must make clear to attending health care
professionals why your health care need may result in loss of life.
What
if the hospital or doctor's office asks for my identification papers?
To
get medical care, you do not need to provide identification or a social
security number. This includes emergency rooms, free health clinics and
doctors’ offices.
What
if I don’t speak English?
Any
hospital or doctor that accepts MEDICARE must provide “meaningful access” to
limited English proficient persons. If you
need help explaining your medical symptoms, ask for an interpreter. If the
doctor does not understand you or you do not understand her, it can lead to a
misdiagnosis.
DOMESTIC
CONFLICT
·
Domestic
violence against a spouse, girlfriend or common law wife is illegal in
Missouri, and the abuser will be arrested if the police are called. This includes: hitting, kicking, slapping,
throwing things, threatening physical harm (with or without a weapon), coercing
someone to do something or refrain from doing something by threats or use of
force, harassing (causing emotional distress by lingering at your home, peering
in windows, following you, etc.), forcing or attempting to force someone to
engage in any sexual act, or holding someone against their will. Domestic violence also includes placing
someone in fear of imminent serious bodily harm by threat of force. This
includes threats of violence; or other conduct that would cause a reasonable
person to suffer substantial emotional distress, like "I will hit
you", "if you leave, I will hurt you," or "if you tell
anyone, I will kill you," so long as the act actually causes substantial
emotional distress.
·
Children
are also protected against violence, which does not include reasonable
discipline. Child abuse is any physical injury, sexual abuse or emotional harm
inflicted purposefully on a child by an adult household member. The abused
children need not be the children of the abuser in order to file a child abuse
petition.
·
A
woman can obtain an order issued by a court restraining her husband or
boyfriend from coming in contact with her. You do not need a lawyer. Someone at
your local courthouse can assist you.
·
If
the abuser has legal immigration papers and you, the abused, do not, you can
still obtain a restraining order. As the
law currently stands, INS will not detain you if you do not have immigration
papers and you file a legal complaint against an abuser.
What
if I feel I have been discriminated against?
If you feel that
you have been discriminated against because of your race, color, sex, religion,
national origin, ancestry, age or disability it is important to file a
complaint immediately with your local human rights commission or EEOC
Commission.
KNOW YOUR RIGHTS AND OBLIGATIONS/
CONOZCA SUS OBLIGACIONES Y DERECHOS
[INSERT LOGO HERE]
Prepared by:
University of
Missouri-Columbia School of Law in cooperation with Alianzas and University of
Missouri Outreach and Extension
Information
provided by:
American Civil
Liberties Union
Equal Employment
Opportunity Commission
Immigration and
Naturalization Services
Missouri
Commission on Human Rights
Office of Missouri
Attorney General
Occupational
Safety and Health Administration
U.S. Department of
Labor
http://www.dol.gov/esa/regs/compliance/whd/whdfs48.htm
CONTACT INFORMATION
General
Emergency -
Migrant Hotline (800) 234-8848
Missouri Attorney
General (573) 751-3321
ALIANZAS, Kansas
City (816) 235-5840
LULAC NESC, Kansas
City (816) 561-0227
MALDEF, Chicago (312) 782-1422
Legal
Missouri
Commission on Human Rights:
Springfield (417) 895-5620
Jefferson
City (573) 751-3325
Sikeston (573) 472-5320
Legal Aid of
Southern Missouri (800) 444-4863
American Civil
Liberties Union (ACLU) (212) 549-2500
Employment
Equal Employment
Opportunity Commission (800) 669-4000
Missouri
Department of Labor and Industrial Relations – Division of Labor Standards
(800) 475-2130
Housing
Housing &
Urban Development Hotline – Housing Discrimination Hotline (800) 669-9777
Education
National Migrant
Education Hotline (800) 234-8848
Healthcare
- Health Office Districts:
DHSS Central
Office (573) 751-6001
Southwestern
District Health Office (417) 895-6900
Southeastern
District Health Office (573) 840-9720
Eastern
District Health Office (314) 877-2800
Northeastern
District Health Office (660) 385-3125
National Domestic
Violence Hotline (800) 799-SAFE
Mid Missouri
Crisis Line (888) 761-4357
Resource Center on
Domestic Violence (800) 527-3223
Family Violence
Clinic at University of Missouri-Columbia School of Law (800) 270-8511