Is there anything my boyfriend can do if his boss was paying him under the table and didnt give him his last paycheck?

My boyfriend works with a seasonal
trucking company driving dump truck.
Well the last day he worked his truck
broke down and he had to sit and wait
at a gas station all day for a mechanic
to come out and fix his truck. After that
day he has tried contacted his boss to
get his last day of pay and has heard
nothing back. His boss also pays him
under the table and I wasnt sure if
there was anything he could do to try
and get his money.

Asked on December 18, 2017 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

He can sue for his money. When someone performs work--including waiting for a company vehicle to be repaired--he must be paid for it. Even if someone was paid "under the table," that does not mean he does not have to be paid--it merely means that suing is made somewhat more difficult, since there is less (or no) documentation of what was paid. However, a case can be brought without written evidence, based on oral (spoken) testimony, such as that of your boyfriend, you, coworkers, and anyone else who knows that he worked, when he worked, and that (and ideally what or how much) he was being paid. A good option is to sue in small claims court: if your boyfriend acts as his own attorney ("pro se") he will risk nothing except his time and the small filing fee. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.