How does an employee report or deal with a small business owner who will only pay “under the table” and will not create and employment agreement?

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How does an employee report or deal with a small business owner who will only pay “under the table” and will not create and employment agreement?

Also, if said employer has not yet paid his employees for the first month of work, what would be the best course of action to take to receive payment? FYI: This business is not a scam, it is local owned gym that has been open for over 5 years.

Asked on January 3, 2013 under Employment Labor Law, Florida

Answers:

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

Answered 8 years ago | Contributor

This is far more complicated a question than you may think.  The business owner is avoiding payment of federal, state and local tax laws - unemployment, worker's comp and payroll taxes to name a few - and reporting him would encompass all those issues as well as others.  I know that this may sound simplistic but you should simply not work there if he is not running the business properly under the law.  I would worry that he does not have liability insurance as well. As for your wages, small claims may be the best avenue.  Good luck.


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