What could happen if I was paid “under the table” and I claim unemployment?

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What could happen if I was paid “under the table” and I claim unemployment?

I was working at a business for a few weeks and I recently lost my job. I want to know what would/could happen if I filed for unemployment insurance.

Asked on April 13, 2011 under Employment Labor Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Well, both you and your employer can be in big trouble for what you have done.  It is tax evasion by both of you.  If he is not reporting you a an employee and reporting your salary then another problem you have is that thee are no wagesupon which unemployment can base a claim.  That is how unemployment works.  It looks at the amount of wages you earned to calculate the amount you can collect should you be eligible.  I doubt that tour employer will admit that you are an employee and they will fight your filing.  Best to look for a new job ON the books.  If you file you will be opening up a huge can of worms.


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