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ok i had a job cleaning houses for 250 a week and it was such an under the table job it was cash weekly.....i worked with illegal workers had no breaks it was so awful! now i quit and they wont pay me b/c they say "I broke some things and now i have to pay" and they kept my Checks i never agreed to them to do that b/c it wasn't all me! they say i bleached the floor but they said in the beginning that happens and to tell them and it wont be a big deal! but they turned around and are charging me so i quit and now there trying to sue me over this b/c i said they cant keep my money and threaten to get a lawyer b/c its a out of there home job and they are illegal too well not the husband but the wife is and she's the co-owner!! i know alot of stuff they did to there clients and how they hired knowingly illegal aliens and still have them working for them! what can i do i want my money!

2007-12-06 10:15:14 · 5 answers · asked by matthew f 1 in Business & Finance Careers & Employment Law & Legal

5 answers

Ok, so both you and the employer have been involved in illegal activites and if either of you get a lawyer or try to do something about it you will both end up in trouble. You for taking money under the table and not reporting wages to the IRS and your state and local government and paying taxes. The employer for multiple reasons as you list.

If you report the employer to your local office of wage and labor for unpaid wages you will be opening up a can of worms for both you and the cleaning company. The people who will end up winning will be the courts and the attorneys involved. Be prepared to pay all the taxes on any wages you were paid out by the company, before you get what ever money is owed to you if you do go and report them. Plus some fines they may hit you with for not reporting the wages on your income taxes at the end of the year. (If you did not include the wages in your income last year or however long you have been working for them)

Yes, you can get them in trouble for not reporting your wages, for hiring and maintaining illegal workers, and for with holding wages from you. It will take you quite a long time to recover the money while all the details are ironed out, investigated and disclosed by both of you.

So, I guess the question is, how much do they owe you and is it enough to go legal on them? (Can you get enough money to pay all the back taxes, fees, fines etc.?)

2007-12-06 12:28:57 · answer #1 · answered by hr4me 7 · 0 0

Probably, but its time to look for new work. U.S. states have minimum wage laws that govern employees. The fact that it was understood to be "under the table does not remove the owners liabilities for workers compensation and federal/state tax withholding requirements. Contact your local state attorney general and/or internal revenue department. Sometimes their is a reward. Contacting the local immigraton service may also help (depending on your state) the others. Contacting ICE won't help with your money, but the owners actions may cause them to be liable for civil and potential criminal claims. It is probable, you won't recover the money, unless you file a claim in conciliation court. If they sue you (which would be dumb on their part), then you can countersue for the lost wages and taxes. In either case, decide what you want to do, then do it. Don't try and blackmail the owners by exposing them, or you may also face charges. Contact a local attorney for more information.

2007-12-06 10:25:40 · answer #2 · answered by Sir Ed 4 · 1 0

Tell them you will report them to the IRS for paying under the table, they have more to lose than you. You actually have the upper hand here they are guilty of not paying taxes they cannot file suit against you as it would bring up what they are doing. Do they send you a 1099 every year? if so then there is a problem as you are responsible for the taxes due as you will be stated as a sub contractor or an individual in their own business if not you are in the clear.

2007-12-06 11:15:43 · answer #3 · answered by Pengy 7 · 0 1

Yes, they are breaking the law a number of ways. So are you by working under the table. You can sue them in small claims court for the money if you can prove that they owe it to you. If you don't file a tax return and claim this income though, you could be in trouble also.

2007-12-06 11:03:16 · answer #4 · answered by Judy 7 · 1 0

you are stuck betwen a rock and a hard palce, all they have to do is give you a 1099 form and say you are an independent contractor, as such you would be responsible for broken items or poor workmanship.

2007-12-06 10:44:21 · answer #5 · answered by Anonymous · 1 1

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