Intaz Sahebdin (Plaintiff) alleged that Angela Khelawan, A&N Fish Market, and Yadram Harry (Defendants) refused to pay him wages, subjected him to exploitative working conditions, and trafficked him to Suriname. The Judge denied the Defendant’s motion, which allowed the case to proceed to discovery, and the fact pattern is fascinating in this forced labor, involuntary servitude and human trafficking case.
What Happened Prior To 2013?
Plaintiff came to the United States in 2003 seeking employment opportunities. He found a job at A&N Fish Market where his duties included weighing, cutting, and preparing fish and seafood for customers. Defendants agreed to pay him $240/week in wages. However, Plaintiff worked up to 15 hours a day and seven days a week for the first three months. Many times he was told to clean the store after it had closed, and he was locked in the store, virtually imprisoned.
After three months of employment, Defendants refused to pay Plaintiff and he lived off of customer tips. Defendants provided Plaintiff with a place to live in the basement of A&N Fish Market. But when Plaintiff asked about his wages, he was told they couldn’t pay him since they were saving money to buy an apartment for him. Defendants took possession of Plaintiff’s green card, passport, social security card, and other legal documents.
Plaintiff Believed He Was Presented A Great Opportunity
Being a resident of Suriname, Plaintiff was happy to hear Defendants opened a fish market in Suriname and that they wanted him to manage it. Plaintiff was offered lodging in return. At one point, Defendants required Plaintiff to sign documents in Dutch without explanation.
Angela Khelawan was stopped by TSA when traveling to the United States and was questioned about the passport belonging to Plaintiff. She called Plaintiff and had him tell the TSA agent she had permission to have his passport. Plaintiff was also informed by the Suriname government that he had incurred roughly $100,000 in debt. It turns out the Dutch documents he signed previously were incorporation documents for the new fish market opened in Suriname. Plaintiff was named as the owner of the new fish market and listed as the person responsible for all business debts and liabilities.
Plaintiff’s Return To The United States
Khelawan fled Suriname and left Plaintiff without any money or a passport. He caught and sold crabs in Suriname until he could purchase a temporary passport to return to the United States. Plaintiff went to Defendant’s apartment and stayed for one night. Defendants then informed the Plaintiff he owed them money and that they would have his hands and feet broken if it wasn’t paid back in thirty days.
Plaintiff left Defendant’s apartment and lived with his grandmother and found other employment later. Plaintiff found out in 2021 that the IRS notified him that he owed sales tax since 2008 for another business located on the same premises as A&N Fish Market. Plaintiff inquired about this business with Defendants, but he was threatened with bodily injury.
Judge’s Decision
The Judge denied the Defendant’s motion as to the Plaintiff’s forced labor, involuntary servitude, trafficking, and intentional infliction of emotional distress claims. The Judge further grants the motion as to Plaintiff’s false imprisonment claims, quantum meruit/unjust enrichment, and fraud.
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