my cousin worked for a pizza place to do door hanging. the guy pays them under the table and he is only 17 which is a minor from what i know and still needs a work permit in order to be employed, so the guy pays my cousin and now claims that my cousin did not do his job and is going to sue him and put him in juvenile hall, can he do this? isnt it illegal to pay under the table?
2007-06-05 20:12:46 · 10 answers · asked by jae 2 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
The dude has some big kahuna's.
First, he pays the kid under the table (which is illegal as h***), and then he threatens to sue him and put him in 'juvy'?
You should pay him back with an anonymous call to the state department of labor. Every state has one of these, and they have an investigative division as well. So call the labor investigator and have them open an investigation of improper employment of a minor (along with the under the table payment).
It would be neat to see the expression on the guy's face when the labor investigators show up on his doorstep.
Now if you don't want to do all that, the real bottom line, is that your cousin has NOTHING to worry about. Juvenile Hall is for 'criminal behavior' , and a lawsuit is a civil matter. There is NO way for anyone to put anyone in jail over a civil suit.
If he wants to sue you in small claims court, he could do that. But then, up comes all of his illegal behavior - it would be thrown out of court in a minute.
Bottom line: The pizza store owner is conducting himself almost like a 'gangster' - and is making idle and bullying threats. What he is counting on is that your cousin will be intimidated because he doesn't know the law.
The only obligation your cousin has is to report his income to the IRS on his 1040 at the end of the year (even if the pizza owner paid him cash). As long as this is a legal source of income, if your cousin reports it, and the pizza owner does not, now the pizza owner is in even more trouble.
In our society, your knowledge of the law is the greatest source of freedom. It protects you from those who would seek to do you wrong on all sides of society.
Hope this helps.
2007-06-05 20:29:19 · answer #1 · answered by DaveInSeoul 5 · 0⤊ 0⤋
This employer is just trying to scare your cousin. There is no way that he will sue your cousin much less put him in juvenile hall. It is completely against the law for an employer to pay an employee under the table. They can be fined for not paying taxes for that employee, and if your cousin had been hurt while working for him then they could have been sued for any medical bills. Your cousin could report this employer to their state Labor Board and the employer could possibly face fines.
Be careful of any employer wanting to pay you under the table. It may sound like a good deal, but in the long run it very well could be a disadvantage to you.
Remember, it will come down to your word against theirs when trying to prove you worked for them.
2007-06-05 20:23:11 · answer #2 · answered by Jerribear76 4 · 0⤊ 0⤋
in usa, by law, a contract made with a minor is automatically disqualified.
your cousin could go by a car, crash it then demand his money back...he will get it back because a contract with a minor cannot be made.
this pizza guy didn't even have a contract. he did not have anything. your cousin has no written commitment to the pizza place. he's got absolutely nothing. thats why people DONT pay under the table. the guy probably wanted to avoid taxes...paying under the table is illegal.
2007-06-05 20:22:47 · answer #3 · answered by xyz 3 · 1⤊ 0⤋
Sounds like a bluff.
If he's working as a contractor, self employed, then yes he can try to sue. Yes, he can pay cash.
If he's a direct pizza employee, then yes it's illegal to pay under the table, because he's suppose to claim what he pays.
It'll depend.
2007-06-05 20:28:32 · answer #4 · answered by tiscpa 3 · 0⤊ 0⤋
He's just bluffing. If he pays your cousin to work for him and the job is not done, he needs to show paper work that a contract/paper was signed. And he also need to show receipts to any partial payments he had paid in court. I doubt he has it.
He'll be smart enough not to put himself at risk for paying under the table too....
2007-06-09 18:32:54 · answer #5 · answered by Arie 2 · 0⤊ 0⤋
Yes, it is, and he's blowing smoke to try and scare your cousin. If your cousin threatens to report this clown to the IRS and/or the state labor board, he'll probably back off.
2007-06-08 04:33:55 · answer #6 · answered by Mel 6 · 0⤊ 0⤋
he cant sue a minor, tell him he better pay up or the labor board will be paying him a visit......
2007-06-06 14:05:07 · answer #7 · answered by DennistheMenace 7 · 0⤊ 0⤋
Yes, it is. He owes the government tax money. Don't mess with the IRS, they'll win.
2007-06-05 20:19:33 · answer #8 · answered by Anonymous · 0⤊ 1⤋
heck yeah.if it's not tax deductable then yeah that is illegal.
2007-06-05 20:18:08 · answer #9 · answered by Meow4Moe 5 · 0⤊ 2⤋
I think he is bluffing ~~
2007-06-05 20:20:57 · answer #10 · answered by burning brightly 7 · 0⤊ 1⤋