Cash under the table pay - Ex employer NOT paying

[knogood]

What is the name of your state? CA

Hello,

2 months ago I had quit from a horrendous personal assistant position. My ex employer who has a start-up company wanted to pay me on a cash basis at $10/hr. I'm a stay at home mom and wanted to keep my work part-time. My employer's work and personal demands on me became so unnerving and beyond the part-time I was led to working, that I quit giving her only a few days of notice.

I had given my employer an itemized sheet w/ hours worked and jobs performed with the bottom line showing what she needed to pay me. 2 weeks had gone by and I never received anything as far as a status on my pay. I had sent an e-mail quoting how the Labor Laws of Ca works regarding my pay. Her reply: "The Labor Laws don't apply to me" since I was paid on a cash basis. Is this true?

I just want to be paid what is owed to me. I also should add that in reality, the amount owed to me could be more than what I actually worked but given her treatment of me, I revised my itemized sheet to appease her. I felt bullied working this position, but of course that is not the main issue.

What can I do? Please any help and any advice!

Thank you in advance.What is the name of your state?

 

[CheeseBlotto]

Advice?

Cheaters never prosper.

or

There is no honor among thieves.

You agreed to work in an illegal arrangement. Take your lumps and get a legitimate job.

 

[Mister Darcy]

Advice?

Cheaters never prosper.

or

There is no honor among thieves.

You agreed to work in an illegal arrangement. Take your lumps and get a legitimate job.

Why do you assume this was an illegal arrangement? Could be a 1099 sort of thing.

 

[moburkes]

Why do you assume this was an illegal arrangement? Could be a 1099 sort of thing.

Because the title of the post is "Cash under the table."

 

[Mister Darcy]

Because the title of the post is "Cash under the table."

OP could be dumb. My point is that assumptions are being made. It's perfectly legal for me to hire someone and pay them straight cash as long as they meet the requirements for an independant contractor. Don't need a written contract or anything. All You have to do is file a 1099 at the end of the year and it's legal.

 

[knogood]

So what?

hi it's me again! cheeseblotto and mo-whatever are being dumb. I never did anything illegal. I said "cash under the table" because I wanted everyone to have the understanding that my ex employer was paying me cash but did not have me fill out paperwork such as a W-4. It's NOT illegal. How do you pay a babysitter?

My work involved housekeeping, doing errands and administrative work. I shouldn't have to explain myself or have someone by the username cheeseblotto judge me or assume I'm an illegal. I think that is what you implying.

Anyone with helpful advice please reply. Anyone with snarky comments please keep to yourself.

 

[BelizeBreeze]

hi it's me again! cheeseblotto and mo-whatever are being dumb. I never did anything illegal. I said "cash under the table" because I wanted everyone to have the understanding that my ex employer was paying me cash but did not have me fill out paperwork such as a W-4. It's NOT illegal. How do you pay a babysitter?

My work involved housekeeping, doing errands and administrative work. I shouldn't have to explain myself or have someone by the username cheeseblotto judge me or assume I'm an illegal. I think that is what you implying.

Anyone with helpful advice please reply. Anyone with snarky comments please keep to yourself.

The best way to get a relevant legal answer is not to be a condesending bitch...but you fail even at that.

Did you pay taxes on the amount you received? Did YOU fill out the proper tax paperwork?

The arrangement was illegal and you will discover that the minute you attempt to sue her for breach of contract...which didn't exist.

Now, as my English friends would say, BUGGER OFF!

 

[eerelations]

"Cash under the table" arrangements are illegal. Period. Just because you weren't aware until now that the phrase "cash under the table" = "illegal employment arrangement" does not mean that you have a case. If you want to be protected by employment laws in the future, make sure your future employment arrangements are legal.

 

[moburkes]

hi it's me again! cheeseblotto and mo-whatever are being dumb. I never did anything illegal. I said "cash under the table" because I wanted everyone to have the understanding that my ex employer was paying me cash but did not have me fill out paperwork such as a W-4. It's NOT illegal. How do you pay a babysitter?

My work involved housekeeping, doing errands and administrative work. I shouldn't have to explain myself or have someone by the username cheeseblotto judge me or assume I'm an illegal. I think that is what you implying.

Anyone with helpful advice please reply. Anyone with snarky comments please keep to yourself.

PLEASE explain to ME how I was being DUMB. Apparently YOU were being DUMB. And paying a babysitter under the table is illegal. Why do you think people running for public office end up dropping out of races when its found out that they hired people and didn't pay the taxes SMARTA&&? No one said that YOU are an illegal. We are saying that your arrangements WERE illegal. There is a difference.

 

[pattytx]

In case anybody cares, here is the IRS publication for workers in private homes (including babysitters).
http://www.irs.gov/publications/p926/index.html

 

[knogood]

thank you Pattytx!

I've already contacted labor laws and the irs and apparently I do have a case.

So it's a good thing that I didn't just go by what some of you angry folks said huh? I don't understand how I chose to title my subject could upset so many. I understand "Cash under the table" sounds negative, but I wanted everyone to understand the nature of how I was being payed...more tongue in cheek sort of thing....but I guess to some, it came off as matter of fact.

No I wasn't being condescending I came on here as a new person in hopes that I would get some helpful and useful legal advice but instead I get attacked over the way I titled my post.

Some of you assumed that I was doing something illegal and no not the case. "Buggering off" is not what I'm going to do. It's my right just as it is for some of you angry uptight dinks to come here and post when you need help or advice. Who are you? Some kind of message board gang who are territorial over this board?

I appreciate all that reacted in a grown up manner and saw my post unobjectively gave me useful advice. To the ones who jumped on me with such attitude are just bitter and am sure are message board buddies who act childish and bully on the new and who are seeking real advice. Get lives! Really.

Done being your whipping object.

 

[BelizeBreeze]

In case anybody cares, here is the IRS publication for workers in private homes (including babysitters).
http://www.irs.gov/publications/p926/index.html

Now patty, please post the OTHER link so this 'person' can finally discover it's NOT just upon the employer to claim the tax liabilities.

 

[knogood]

No need to Pattytx....thanks.

Who said it was? Now you "bugger off"

 

[BelizeBreeze]

No need to Pattytx....thanks.

Who said it was? Now you "bugger off"

awwww. did someone catch you trying to commit tax fraud????

 

[fairisfair]

No need to Pattytx....thanks.

Who said it was? Now you "bugger off"

Please provide us with your case information when your suit is filed. I am sure that we will all be fascinated and educated by it. Just curious, how do you contact a labor law??