how do you an get an employer to pay you the wages you are owed?

Question

what recourse does a friend have if she was suppose to be paid weekly in CASH by her boss. She was a bartender at a nightclub. She had no time card or anything to show when she worked. She just worked every weekend all night pretty much. To be honest it was pretty much under the table. She was suppose to claim her taxes on her own. He had no hand in any of that. I doubt he even took her social security number.

Well recently he has kept putting her off for a few weeks. He now owes her 300 dollars and is refusing to pay her. Whenever she goes to pick up the money he conviently forgets and isn't there. Or one time he had the audicty to pretend he didn't see her and drive away. He has since fired her and the only place she can get him is the club which I'm sure she is banned from.

Are there any agencys she could involve that could help her get paid? Or is she out of luck?

Answer 1

Department of labor can help since what he did by paying her that way is illegal.

Answer 2

Legally, she's out of luck, since she can't prove that he owes her any money. Now, if she really wants to get her money, she can threaten to turn him in for not paying payroll taxes. She can claim herself as an independent contractor, then pay her taxes, but in the end, it may not be worth it since she may have to pay a lot more in taxes than the $300.00. She can still try the blackmail, though!

Or Judge Judy. She will get a good reaming out by her, but she may still win if she is convincing.

Answer 3

It will not be easy. Kind of the chance you take by not following the law and going under the table. She gambled and lost. I don't know if the labor dept will do anything, she can ask. Might have to go to small claims.

Answer 4

Does she have a muscular friend who could have a "conversation" with the guy; get him to see the wisdom of paying up?

Answer 5

Without a time card, there is no proof she worked. So she is out of luck.