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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12627
Experience:  Significant experience in all areas of employment law.
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I worked man years basically under the table. He

Customer Question

I worked for a man for 2 years basically under the table. He never paid minimum wage and i worked incredible hours for him. He was really hard to work for. He is from India. Recently I just quit because he was verbably mean and disrespectful. He always has been but it got worse after i refused to work weekends. Saying things in front of customers that should not be said. Do you think i have a case?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question. It is not illegal to be vulgar, rude, or disrespectful. However, if your employer was making comments which relate to a legally protected trait, such as race or religion (i.e. using racial slurs) it might be actionable under civil rights laws. That would be the exception, not the rule. In that circumstance, you could seek damage for any emotional distress that you suffered as a result of being subjected to this work environment. The complicating factor is that you were working under the table. I assume this means that you did not report or pay taxes on your earnings. If that is the case, then by complaining about a hostile work environment you are potentially red flagging yourself for an IRS audit. It is illegal for employers to pay under the table, but what many people fail to understand is that it is ALSO illegal for employees to work under the table and not report their earnings. So, you need to decide whether bringing a claim for hostile work environment for harassment based on a legally protected trait (i.e. race, religion, etc.) is worth putting yourself under scrutiny for working under the table. Unless you suffered severe emotional distress (i.e. you experienced panic attacks requiring hospitalization, or are sought out psychiatric care) it is very possible that bringing a claim would be far more trouble than its worth. And again, this assumes that your bosses comments relate to a legally protected trait like race or religion. If they don't and are just general rude and vulgar, they are not actionable on any legal theory to begin with. 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.If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.* Disclaimer *Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

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