IfI was getting paid under the table and got fired,can I file a wage claim or anything else?

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IfI was getting paid under the table and got fired,can I file a wage claim or anything else?

Fired 2 days ago.

Asked on March 28, 2011 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You should speak with an attorney before doing anything, because there are several issues to consider:

1) Legally, you must be paid at least minimum wage for all hours worked, and overtime if you are not exempt from overtime (if you worked on an hourly basis, you are not exempt) for hours over 40, regardless of how you are paid--i.e. "under the table or not." That's basically the only kind of wage claim you might have, anyway--being paid for work actually done to date of termination.

2) However, if there is no documentation or paper trail, proving that you worked the hours and are owed pay can be very difficult.

3) Bear in mind that it's against the law to not pay the proper taxes (e.g. withholding) on pay. So while the employer may face liability, you could face liability, too, if you did not pay all taxes you should have on your income. Obviously, you are legally obligated to pay all your taxes, so this threat of liability should not deter you from seeking any pay that is rightfully yours and also fulfiling your own lawful responsibilities...but at least be aware of the fact that you may face tax liability so you can plan for it.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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