What to do about back-owed wages?
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What to do about back-owed wages?
I have been working for a security company for a few years where I was getting paid in cash because it was “off the books”. I was keeping track of what they owed me but the number has gotten so high that I feel no one will take me seriously if I actually told them my story. The company laid me off all of a sudden 4 months ago. I sometimes call to see if they have any locations avalible for me to work because I have no other source of income. Do you think I have a case? Do I have a chance to get paid what I am owed?
Asked on December 23, 2012 under Employment Labor Law, New York
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You have one of two cases. If you were an employee, but they just "kept you off the books," then you could still file a wage claim with the New York Department of Labor. You can also file a request for unemployment benefits. If the Labor Board determines that you were not an employee, but rather an independent contractor, you are not without options. As an independent contractor you still have the right to be paid for the services that you rendered and you would have a valid claim for non-payment of services rendered.
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