Employment Law Questions? Ask an Employment Lawyer.
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I'm sorry to hear about your situation. Assuming that the employer is not a federal contractor, that's correct. The main problem is that while they have broken the law, there might not be any recourse (other than complaining to USCIS: http://www.uscis.gov/e-verify/employees/reporting-violations) . You see, there's not a "private cause of action" nor demonstrable damages from the employer checking her status. As such, she wouldn't be able to successfully sue her employer for breaking the law. Again, she could complain to USCIS, and they might take action against the employer, but she personally wouldn't "get" anything out of it. Frankly I would only complain if it was really harassing and "beyond the pale", because it could come back to bite her in the process (even though there would likely be a claim for retaliation if they did try anything...).
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