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My son worked for a restaurant business and the employer paid under the table, now the employer is saying that he stole money from him on hear say only. If the drawer came up short the employer made them pay out of their tip jar what was missing. He also would not give the tips to them if they where on a credit card he said that it was his for the use of the credit card machine. I'm a little confused on what the laws are for this type of activity. My son is not self employed and does not have contractors insurance, I thought if you worked for someone they were required to pay taxes, social security, unemployment insurance, and workmans comp? My son is 20 years old and we live in the state of Colorado. Any help on this matter would be helpful. Thanks
State/Country relating to Question: Colorado
Thank you for using JustAnswer! Does your son no longer work there?
No thay had a disagreement over the drawer being $90.00 short, my son asked him if the drawer was ever over would they get to split that the same way he made them pay for it when it was short and the owner pushed him and my son pushed him back and the cops where called and they both got a ticket which both of them have paid.
For how many years did your son work there and did he report his cash income to the IRS?
a year and a half and I don't think so
And so, knowing that possible personal tax exposure, what would your son like to do?
Thats the question he could always pay what he owes to state and federal for taxes due, my question is how can this employer do this leagally?
The employer can't do it but the employer is getting away with it playing "catch me if you can." The only way he's going to get caught is if a former employer reports him to the U.S. Department of Labor (http://www.dol.gov/dol/topic/wages/wagestips.htm) and the IRS (http://www.irs.gov/individuals/article/0,,id=106778,00.html). As for your son, you are correct, he can go back to last year's taxes and file an amended return. Good luck and best wishes! I hope that you find this information to be helpful and this answer to be ACCEPTable!
Attorney
Michigan lawyer who explains basic criminal, consumer, and contract-related matters.