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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11250
Experience:  Significant experience in all areas of employment law.
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I have been getting paid under the table (cash) years

Customer Question

I have been getting paid under the table (cash) for 2 years , I've been asking for w2 or 1099 I have never received either , the owners reply was ill get it for you I would ask him repeatly (same answer from owner) . The only way that I have received a actual form of pay stub or some kind of statement showing I work there is when I bought my last car so I'm sure it's a fake form of information , now there's another problem I just recently got injured at work , I was sliding a glass showcase to pull out an item for a customer while sliding the glass door it completely shadered and split my finger very deep which cause me to go to the emergeny room for stitches , now I'm out of work for a few days due to my wound because I cannot operate and in pain . Now I have medical bills which he doesn't want to pay for and also wants me to pay for the damages that happened at the store with my own money . And me being under the table working like a slave which means there's no workers compensation but I'm sure there is some kind of insurance for the buiesness . I need some answers some kind of help I don't deserve this and I would like to pursue a claim just need answers !
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and welcome. I am very sorry to hear about your injury and difficulties with your employer.
Have you been reporting your earnings to the IRS and paying income tax?
I very much look forward to helping you on this matter.
Customer: replied 1 year ago.
No I havent , I didn't think that would be possible i now opened my eyes and see how much I'm actually being screwed by this guy
Expert:  Patrick, Esq. replied 1 year ago.
Thank you for your reply.
If you are being paid under the table and not paying taxes, both you and your employer are violating the law. Your employer is violating the law by not paying payroll tax, making quarterly withholdings, and providing you with proper paystubs. However, you are also breaking the law by earning money but not declaring your earnings as income. The problem is that when you report your employer for paying you under the table, you are essentially also reporting yourself. Your employer will be fined, but you inevitably get an angry letter from the IRS demanding unpaid taxes.
This makes situations where an employee is paid under the table very difficult. I am quite sympathetic to employees in this circumstance, as they are almost always being taken advantage of, but the reality is that they are between a rock and a hard place.
Now as far as workers compensation insurance goes, if your employer is not in the construction industry and does not have more than 4 employees, they don't need to have workers comp coverage anyway. But if they do have more than 4 employees or are in construction then they likely must be covered. You may encounter an issue in "proving" they have more than four employees if they are paying everyone under the table, but assuming you can get past this hurdle, it might still be possible to get compensated through the uninsured employers fund. You would need to contact a workers compensation attorney for more information about that.
I wish there were better options for you, but I am trying to be honest about the legal reality of your situation. It may just be that your best remedy is to find another job that's "above board," so to speak," and to move on. I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.