QUESTION
Is there any kind of legal ramification for unpaid under the table work?
Asked on Aug 10th, 2011 on Labor and Employment - Indiana
More details to this question:
My employer recently let me go. I work at a private estate and am paid a check weekly, under the table so to speak. My only issue with them is that they have owed me $300 for almost a month now. My immediate "boss" on this job just tells me to wait and see if it arrives in the mail. I'm tired of waiting and want them to pay up. Is there any kind of legal ramification I can hold over their head, in terms of paying me under the table, so I can get some leverage here?
2 ANSWERS
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Both you and your employer have potential liability for failing to make tax withholding. Also, under Labor Code Section 203, you are entitled to penalties for late payment of wages after you separate from your employment for to 30 days wages. Under the Labor Code, if you are terminated you must be paid within 24 hours and if you resign you must be paid within 72 hours. If not, your wages will run as a penalty for up to 30 days.
Answered on Aug 11th, 2011 at 10:11 AM
Initiate legal action in your local small claims court for your back wages.
Answered on Aug 10th, 2011 at 4:10 PM