Worked somewhere but never got paid - what to do?

[1sikbITCH]

Which means, most likely, that the proper deductions were not made. I may be wrong about this, but I am pretty sure if that is the case she will still be responsible for the applicable taxes.

She is probably better off not rocking the boat. If she goes after them in the proper legal channels, she may be guaranteeing that they will also find out about the back taxes she owes.

-KeithP

Here is my recollection (from this happening to a friend many years ago), and I could be wrong: Somehow the company gets reported. The labor board investigates and if they find wrong-doing they notify IRS that the company is paying under the table. IRS audits the company.

Once IRS confirms that you your earnings were not properly reported, the company is ordered to issue you a proper W4 and pay all of your back taxes just like they should have done originally. Additionally they can get fined/shut down.

In the case of the OP, as long as you can prove you worked the last 4 weeks, it seems that the labor board would force the company to pay you for those weeks.

Now when tax time comes around you will get a W2 from the company and report the income on your taxes and go about your business. If you don't get paid the last 4 weeks, it's not income and therefore you are not taxed on it.

Added consideration -

Whenever you work and pay taxes, you also pay into Social Security. Everyone hears how SSA is going broke and will likely not be around when we hit retirement age, but what happens if you should become disabled 5 years from now and need to file for disability? If you don't have enough work credits built up you are screwed, and will end up on SSI only, which SUCKS.

If you have the option, working on the books is preferable to working under the table.

 

[BrunoPuntzJones]

Thats because they were taking out her taxes.... but keeping them.

That's the sort of thing you can end up in a world of shit over. Like prison time. Spending employee withholdings is a huge no-no, yet some morons still do it.

 

[GhettoPeanut]

Burn it to the ground.

 

[BoomerD]

http://www.labor.ny.gov/workerprotection/laborstandards/workprot/lshmpg.shtm

UNPAID OR WITHHELD WAGES

The Department of Labor helps collect underpayments for workers who have not received the minimum wage once they file a claim with the department. Labor Standards investigates and endeavors to collect on these claims for unpaid or withheld wages, including illegal deductions. The department also enforces the prohibition against employers taking illegal kickbacks from wages and appropriating tips.


Claim for Unpaid Wages
http://www.labor.ny.gov/formsdocs/wp/LS223.pdf

 

[Sea Moose]

If you know where your old boss lives you could uh, make his life more uncomfortable

 

[Juddog]

As an update, my friend has still not gotten paid. Her ex-boss told her that the money was in the mail, of course that mail never came. She has opened up a case with the labor dept. of NY and called the IRS. He's already making up bullsh!t stories about leaving the money on her desk and saying she never saw it and had the gall to get mad at her for not coming into work after a full two weeks of not getting paid.

I am at the point now where I want to get revenge. My friend doesn't want to retaliate though and doesn't want me doing anything. I literally told her that I would help her grab all the computers from there and hold them for ransom but she didn't want to do that. I also told her that she should delete all of the work she did for him for those 5 weeks she didn't get paid but she wouldn't do that either, saying she just wants her money and doesn't want to see the ex-boss ever again.

I ran a full criminal background check on her ex-boss and found that he has had charges pressed against him in the past for doing this same type of crap 5 years ago. He owes her over $1500 after the proper deductions, which he most likely never submitted, so gross pay would be something like $2500 owed, assuming that she will have to pay the fees later on.

I found his facebook account, which he has under a fake name, in it he posted something about women being problems, etc.. Hopefully the state dept of labor kicks his ass but he'll probably just get a slap on the wrist. He also already had a craigslist ad up looking for help to replace my friend during the last week she worked there, so it was obviously planned. He'll just be scamming a new person now. The pay thing also happened to my friend's co-worker, so they're both bringing up a case with the dept. of labor.

 

[moshquerade]

As an update, my friend has still not gotten paid. Her ex-boss told her that the money was in the mail, of course that mail never came. She has opened up a case with the labor dept. of NY and called the IRS. He's already making up bullsh!t stories about leaving the money on her desk and saying she never saw it and had the gall to get mad at her for not coming into work after a full two weeks of not getting paid.

I am at the point now where I want to get revenge. My friend doesn't want to retaliate though and doesn't want me doing anything. I literally told her that I would help her grab all the computers from there and hold them for ransom but she didn't want to do that. I also told her that she should delete all of the work she did for him for those 5 weeks she didn't get paid but she wouldn't do that either, saying she just wants her money and doesn't want to see the ex-boss ever again.

I ran a full criminal background check on her ex-boss and found that he has had charges pressed against him in the past for doing this same type of crap 5 years ago. He owes her over $1500 after the proper deductions, which he most likely never submitted, so gross pay would be something like $2500 owed, assuming that she will have to pay the fees later on.

I found his facebook account, which he has under a fake name, in it he posted something about women being problems, etc.. Hopefully the state dept of labor kicks his ass but he'll probably just get a slap on the wrist. He also already had a craigslist ad up looking for help to replace my friend during the last week she worked there, so it was obviously planned. He'll just be scamming a new person now. The pay thing also happened to my friend's co-worker, so they're both bringing up a case with the dept. of labor.

Bad idea, don't do anything to enable charges to be brought up against you.
Do keep gathering, documenting, and reporting info on this scumbucket.

 

[Juddog]

Bad idea, don't do anything to enable charges to be brought up against you.
Do keep gathering, documenting, and reporting info on this scumbucket.

I pondered calling him from a payphone and threatening his life, since I found his home phone number, address etc. from the background check. Like you said though, I'm going to chill until I find out what the dept. of labor says.

 

[Sea Moose]

I pondered calling him from a payphone and threatening his life, since I found his home phone number, address etc. from the background check. Like you said though, I'm going to chill until I find out what the dept. of labor says.

Smart move bro.

But yeah if it were my gf i would make his life very unpleasant

 

[Dufusyte]

True story of an IT guy who was working at a small company that was not giving him his pay: he locked the systems with a password and quit and said he would provide the password for a consultation fee equal to the amount of pay they owed him. They paid him.

 

[alkemyst]

They could have probably sued him and won, you realize.

 

[BrunoPuntzJones]

They could have probably sued him and won, you realize.

Probably. But how many months to years would that have taken?

And even then, what if he "forgot"?

 

[Phokus]

True story of an IT guy who was working at a small company that was not giving him his pay: he locked the systems with a password and quit and said he would provide the password for a consultation fee equal to the amount of pay they owed him. They paid him.

hahahaha, what a dumbass company. Hmm, yes, lets piss off the one guy who could take the whole system down.

 

[BoomerD]

Trying to do things "outside the law" may not only get you tossed in jail, it can compromise the GF's case and she MIGHT not be able to collect what's owed.

Let the state do its job...

 

[Juddog]

Trying to do things "outside the law" may not only get you tossed in jail, it can compromise the GF's case and she MIGHT not be able to collect what's owed.

Let the state do its job...

That's what I am doing for now. If the state can recover the money owed, then all is well. If they can't... well then time for a plan B.

 

[quikah]

True story of an IT guy who was working at a small company that was not giving him his pay: he locked the systems with a password and quit and said he would provide the password for a consultation fee equal to the amount of pay they owed him. They paid him.

He got lucky, http://en.wikipedia.org/wiki/Terry_Childs

 

[Sea Moose]

That's what I am doing for now. If the state can recover the money owed, then all is well. If they can't... well then time for a plan B.

I agree that if your smart, plan b would be effective. But yeah wait out. Be smart well calculated.

There are smart ways of getting your own.

i have heard a story where a restaurant owed an electricial 2grand. And in the end the electrician book a table for all his mates. He and his mates ate loads and loads and when the bill came the electrican said, now we are even.

Thats basically how the story goes.

I know if i dont get paid for an install i will enter a property to recover equipment.

 

[nickbits]

More than likely the company has no money. So she should quit now if she hasn't and file a case with the state labor board. But if they are broke I doubt she will see any money.

 

[Vette73]

He got lucky, http://en.wikipedia.org/wiki/Terry_Childs

Problem with that case/example was he admitted he had the passwords and would not give them over.

All he had to do is quit and when they asked for the passwords just say I wrote them down and left them in the office. I don;t work there anymore and you trying to blame me for you inability to maintain the system correctly is not my fault. They, city, would have to prove he was lieing, never gave that information, and had intent to cause harm.

As the saying goes; its not what you know, its what you can prove.

 

[Vette73]

OP make sure she gets a W2 now. Not sure if she legally can request it now. But most business's have to report their taxs every quarter. So if the business does not give her a W2 then have her contcat the state and Federal tax office to verfy what was taken out of her check has been paid. If not when she does taxs it might send a red flag up and cause her more harm down the road.

Also if she has not been paid tell her to file for unemployment NOW!!! This will also cause her pay to come quicker and maybe help her out.

 

[Juddog]

OP make sure she gets a W2 now. Not sure if she legally can request it now. But most business's have to report their taxs every quarter. So if the business does not give her a W2 then have her contcat the state and Federal tax office to verfy what was taken out of her check has been paid. If not when she does taxs it might send a red flag up and cause her more harm down the road.

Also if she has not been paid tell her to file for unemployment NOW!!! This will also cause her pay to come quicker and maybe help her out.

Done and done. I'm just hoping the state kicks this guy's ass HARD. It pisses me off that he's already looking to dupe someone else to work for him that he probably do the same thing to. A career scam artist.