CanI take my former boss to court for non-payment of wages ifI was paid under the table?

UPDATED: Jun 12, 2011

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CanI take my former boss to court for non-payment of wages ifI was paid under the table?

I worked for a nursing home that was privately owned. They paid me $7.59 an hour with no overtime and no tax deductions. I was working an average of 115 hours every 2 weeks. Just about 3 weeks ago she said Iwould have to wait for my check due to financial issues. I gave her the benefit of the doubt and continued to work for her. She paid me a little here and there went to around $1600. I stopped working for her and she continued to promise to pay over and over. Finally she paid me $350 and stated that she would do that on the 3rd of each month until the balance was paid. She hasn’t paid me again. She owes me about $1300.

Asked on June 12, 2011 under Employment Labor Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You have two issues to deal with here, an employment issue as well as a tax issue.  I am assuming that you were paid as an independent contractor here with a 1099 rather than a W-2, which would take out taxes, etc.  The issues can be separated for the purposes of this type of matter, where an employer has an obligation to pay an employee. The employee has the obligation to pay the IRS and state taxation authority.  So as long as you can prove employment and the hours that you worked then you can sue your employer for back pay.  States also sometimes have a back last check law.  You can call the department of labor as to same in Texas.  In the meantime, get your proof together and think about a small claims action.  Good luck. 

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