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Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 53861
Experience:  Licensed attorney helping employers and employees.
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If you paid a employee off the books for one year and than

Customer Question

If you paid a employee off the books for one year and than let them go cause they weren't doing their job anymore. They go to labor deptsay they worked for you for 2years and want to get paid for overtime they didn't work. They are saying I owe $15000 on what he is telling them. But he is lieing completely and they tell me I can't fight it. If I do. Fines will double. They say I can't win cause I don't have any records for him. But neither does the ex employee. They are goin on what he told them. What can I do?? Please help
Submitted: 2 months ago.
Category: Employment Law
Expert:  Infolawyer replied 2 months ago.

Hello and welcome. I am working on your answer and will be right back!

Expert:  Infolawyer replied 2 months ago.

I am in NY and have represented both sides with the labor board. Legally and practically, you face serious exposure here. The good news the labor board will often negotiate with you and agree to a reduced amount and possible payment plan. YOu need to show good faith and some financial difficulty, as well as why the amount is not correct mathematically to secure that.

Expert:  Infolawyer replied 2 months ago.

Not set up for a call. Please review my answer and reply back if I can clarify anything further.

Customer: replied 2 months ago.
Ok what do I do?
Expert:  Infolawyer replied 2 months ago.

Collect documents that show hours worked and amount paid to show you did pay correct amount, and if there is a short fall, it is very small and not intentional. Then seek to negotiate for a reduced amount based on that and financial hardship. The other option is having a local employment lawyer reach out to the labor board.

Expert:  Infolawyer replied 2 months ago.
You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options. Good luck.If I can clarify or explain anything further, just ask me. kindly rate me 5 stars.
Customer: replied 2 months ago.
What if I have no records on him?
Expert:  Infolawyer replied 2 months ago.

You can go back and create a table that identifies the weeks and hours worked based on your recollection.

Expert:  Infolawyer replied 2 months ago.

If you agreed on set hours for certain rate, the labor board could accept a letter or affidavit to that effect. You should get credit for the payments you made.

Expert:  Infolawyer replied 2 months ago.

The page shows a payment failure, so please double check on the credit card being used to pay for the answer, thanks.

Expert:  Infolawyer replied 2 months ago.

Kindly rate me 5 stars