Boss didn’t pay me, anything I can do?
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Question: Boss didn’t pay me, anything I can do?
Ok a while ago I was looking for a job, I was pretty desperate because I needed money. While at the mall looking one day, a woman at one of the center kiosks asked me if I was looking, and hired me on the spot for a sales job. I started the next day, and she told me that for the first few weeks I worked there, she wanted to pay me “under the table”, in cash, as sort of a trial period. I didn’t really like this idea, but I was too desperate to give this up. I continued looking for another job, and luckily I got one in another couple weeks.
Anyway, we agreed that I would be paid every sunday, but my first weeks check was held (for whatever reason she decided) so the paycheck I got each week was for the week before. One week I went to pick up my paycheck, but I decided to quit because it was interfering with my new job, which was a better opportunity for me (not to mention legal). I should’ve gotten 2 weeks worth of paycheck when I quit, for the previous week like I always got paid plus the week I just completed.
When I told her I wanted to quit, she asked if I could work just 1 more week for her so she could arrange someone else to work in my place, so I agreed and only got the check for the previous week, and the next weekend I should’ve gotten the final 2 weeks check.
I worked my last week with no problem, and the saturday night before I was supposed to go pick up my final pay she called me and said the mall management sent a ticket to her home for 0, reason being that store managers around the kiosk complained to mall security that me and my boyfriend would sit at the kiosk for hours making out, which is completely untrue. At most he would get there maybe 20 minutes early to pick me up from work, I would give him a quick hello kiss and he would stand off to the side and wait for me to finish my shift.
She tried to say that I’m not getting paid because of the ticket. I didn’t want to let it go, so the next day I went to go speak with her. She was very argumentative, and said bottom line shes not paying me because I got her business in trouble with the mall management. I went to go speak with the mall management, and they said they didn’t issue any ticket. When I went and told my boss this, she flipped out and said I had no business going over her head and speaking to them, and of course they were lying because I wasn’t the manager of the business. She then changed her story several times. When I asked to see proof of the supposed ticket, she suddenly said that it wasn’t her that received it, that the mall sent it to her boss and I would have to take it up with him. I asked for his number and she suddenly changed the subject. Since she runs a kiosk that orders wholesale form a bigger company, I don’t think she even has a boss.
Is there anything I can do to get my money? She owes me almost 0 and since I wasn’t getting a formal paycheck I’m afraid if I took her to court or something she would lie and say I didn’t work for her.
Will the fact that I was paid under the table affect any complaints I make with the board of labor?
Also, I am not underage, I am 18 and had been at the time I started working for her.
Q&A:
Answer by Letek Himself
call (or threaten 1st) code enforcement and the labor laws commission,
Answer by Rick B
Let her know that you are reporting her to the board of labor unless she pays you on the spot. Tell her you are also taking her to small claims court.
No. Of course you wil have to report the income when you do your taxes.
Answer by MasterOfUniverse
Tell her that she has 24 hours to pay you are you will file a complaint with the State Employment Office, the Better Business Bureau and with the Mall itself. Put this in writing and give it to her. If she fails to comply, follow through with filing the complaint. You can also file a small claims with the local court for non-payment of wages. If possible, take a witness and/or tape any conversations with her for use. You do have to inform her that you are recording the conversation. Usually, the threat of legal action is enough to get them to do the right thing.
Answer by yolaba
Sorry to see you loose money like that but seriously are you really surprise that the lady who wants to pay under the table would try to cheat you? There’s nothing you can do but take it as an opportunity to learn something at the school of life. lol Good luck with your new job and be happy that she didn’t keep more weeks behind on your pay!
Answer by Jellybean
Did you receive at least one cheque from her? If you did, that would prove you worked for her. How old are you? If you are underage, she could be in a lot of trouble. Take her to small claims court. See if mall management can help you, maybe go to court with you or write a notarized letter. Did you sign in and out when you worked? She will have to prove that you never signed anything. Go for it. These people should not be taking advantage of young people. You will not get into trouble because you are underage. Good luck.
Answer by Frank
Take her to small claims court. You will win easily. There is a concept in contract law called ratification, which means that if she starts acting like you have an agreement, then you have an agreement. This means that if she pays you each week, you have an employment agreement. The weekly payment “ratifies” the agreement, even if she doesn’t sign it on paper.
There is another issue. She is committing tax fraud by paying you without paying employment taxes. You are not. If the IRS gets involved, they will go after her, not you. She may not care about this (but she should, she could go to jail), but don’t let her fool you into thinking that you will get into trouble for this.
I would give her one chance to avoid a court proceeding that you will win and will almost certainly get her in trouble for tax fraud. You’re a nice person, and you just want to be paid the 0 that you earned.
What do you think? Answer below!
