I recived a paycheck for the month i worked soon after i quit my job and my boss ended up a week later withelding my check , take note i already cashed my check so my account did a bounce !!! I was working at a taekwondo studio under the table... its now been 3months Ive been on vacation in hawaii and about to come back what can i do to get my money back?
2007-07-14 02:27:07 · 14 answers · asked by daniel 1 in Politics & Government ➔ Law & Ethics
Take him to small claims court for the bounced check and resulting fee's...you can get a record of the check from your bank. call it contract labor...he wrote the check and that qualifies as a contract and admission of the debt...he will then have to offer evidence of why he reneged on the contract. Good luck. (ask for court fee's as well)
Be prepared to claim it on your taxes at the end of the year.
2007-07-14 02:35:30 · answer #1 · answered by Erinyes 6 · 1⤊ 0⤋
As you were working "under the table" and were never a legal employee, the best you can try is indicate that you were an independent contractor and is issue a demand letter for the last remaining paycheck owed via certified mail with a return receipt (to prove that you tried to resolve the matter without involving the Court) asking them to pay you within a specified period of time or you will file a claim in Small Claims Court.
You would not be able to recover any bank or "bounced" check fees as it is every bank's policy that you do not draw against confirmed, collected funds in the account, meaning it was your responsibility to make sure the money was in the account and the funds were valid before writing a check against the amount you "thought" you were going to get.
You can file a claim in Small Claims Court without an attorney, just contact the Clerk the County where you were employed and find out what the filing fee would be. Many States it is just a form and it doesn't even have to be typewritten, just filled out. Be sure to request the filing fee and the fee to mail the demand letter certified mail in your suit request. You will need to be able to prove your case by the preponderance of the evidence, therefore you will should try to get notarized witness affidavits of any employees or student that can attest to the dates that you worked/services rendered but were not paid for.
One thing to keep in mind that by filing a case in Court, be sure to report the income from the independent contracting for this company or you could find yourself in a lot more trouble with the IRS than not receiving a weeks pay.
2007-07-14 03:52:26 · answer #2 · answered by bottleblondemama 7 · 0⤊ 0⤋
Wow you may have to take this one as a lost. Even if you take him to court it's a hard case to prove. There is no binding contract, you waived all your rights when you agreed to work under the table. You may have a fighting chance if you can get signed affidavitives from other employees who will testify to you working should you do this make sure they are willing to stand with you in court and ask yourself first is the amount of the money really worth it, becuase if you loose you still we have to pay court fees. Seek a lawyer for advice first it is totally free and it' your right.
2007-07-14 03:03:35 · answer #3 · answered by Deep Thoughts 1 · 1⤊ 0⤋
Because you were working under the table, he can say that he never had you as an employee. It would be his word against you. You might have witnesses that saw you working there but if you pursue this matter, you could get in trouble for working under the table to avoid paying taxes. Your screwed.
2007-07-14 02:36:38 · answer #4 · answered by CRAIG C 5 · 2⤊ 0⤋
take the case to small claims court. The fact that you have a check that he cancelled should work in your favor.
Here is a clue - don't work under that table. The only people who do that are criminals or people who are tax cheats.
2007-07-14 02:39:04 · answer #5 · answered by ceprn 6 · 0⤊ 0⤋
Take that as a lesson. You should never work for anyone "under the table". First, it is illegal to do so. Also, if they suck, they will take advantage of you, as you really don't have any recourse. If they don't suck, but get in a bind, you may be the one they take it out on. Next time, go get a real job.
2007-07-14 02:34:56 · answer #6 · answered by bkc99xx 6 · 2⤊ 1⤋
'under the table', that means you have no recourse. also, it may seem that you have immediate benefits from 'under the table' pay but in the long run, you are the loser and lose much of the benefits of your wages. i.e. if fired, you cannot drawn unemployment benefits, your total earnings for retirement are under reported. if you make less than 600 a yr, this is okay but if you make more, you and the employer are circumventing the law.
2007-07-14 02:37:37 · answer #7 · answered by ? 7 · 0⤊ 1⤋
Under the table is the key phrase. You have no legal leg to stand on. You live and you learn.
2007-07-14 03:15:35 · answer #8 · answered by schneider2294@sbcglobal.net 6 · 0⤊ 0⤋
maximum states require him to pay you on the subsequent widely used pay era, so specific you will possibly might desire to attend till then to get your paycheck. some states have a three day rule, the place the corporate has 3 days from the time your employment is over to furnish you your very final examine. in maximum situations it quite is given which you have been fired or laid off.
2016-09-29 23:37:38 · answer #9 · answered by Anonymous · 0⤊ 0⤋
as you have said : working under the table ! No legal rights to that .
2007-07-14 02:30:48 · answer #10 · answered by silverearth1 7 · 2⤊ 1⤋