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Was being paid under the table, employer won't pay. What are my options?

Category: Other

woof405woof405


I was working for someone paying me under the table. I quit the job due to unsafe working conditions, to which I was met with vulgarities from my boss after I told him I was leaving. He then proceeded to call my fiance and shout vulgarities at her, telling her she should leave me and that I would never amount to sh*t. He is now not responding to my emails, or my phonecalls when I am trying to find out when he is going to pay me. This work was under the table. I'm pretty sure all his employees are under the table but I'm not exactly sure, everyone seemed to get a regular check. He's registered with the BBB but after reading up on the complaints thing it doesn't look like they handle anything with employeers refusing to pay employees. Can I take this to common pleas court? Any help on this matter would be appreciated. If it wasn't a decent chunk of money, and he didn't pull that ridiculous stuff with my fiance I normally wouldn't care, but he really crossed the line and I have bills to pay. Please help, thanks :)

Trader X
Trader X

A few things:

1) was he paying you in cash directly, or was he paying you by a check. By check you have a much better chance to get him to pay you because there is a paper trail. Unfortunately, most under the table stuff is usually paid in cash.

2) Your best bet is to go into the store, ask to speak with him and ask for what you are owed. Assuming he will be the same jerk he appears to be, you can gently "coerce" him into paying by hinting that an anonymous tip to the State Franchise Tax Board and the IRS about illegal employees and non payment of payroll taxes might harm his business. It would be a shame if an investigation were to start ...

3) Another tactic if you do not want to confront him like that is to report him to the INS or the state franchise tax board saying there are tons of undocumented workers there, and they should investigate. Whether they are legal or not, odds are they will look into it just a bit.

Trying to sue in court would be hard, since he will just deny that you were ever an employee. If you have anything that is company property, your odds are much higher that you could win (uniform, employee card, company literature, even pictures of yourself working there or at a company party).

jj
jj

Pay him a visit, maybe smash a few windows on his car or something. Show him you mean business.

Jennifer
Jennifer

Contact your state labor board and tell them what is happening. You'll get help from them. Not paying wages and paying people under teh table is a big no-no in their eyes.

Diane A
Diane A

You can sue in small claims and you can call the labor board, HOWEVER you are opening yourself up to some legal problems since you were paid & accepted money under the table. The tax people can also come after you and you would owe taxes & probable penalties. You will need to decide if this is worth it.


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