If an employer was paying me under the table and I take them to court for unpaid wages, will anything happen to me for not trying to pay taxes?

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If an employer was paying me under the table and I take them to court for unpaid wages, will anything happen to me for not trying to pay taxes?

I went through to DLR unpaid wage division and he was given two notices from them and didn’t respond to either. I have location tracking proof that I was on his job sites working and checks from him.

Asked on October 12, 2018 under Employment Labor Law, South Dakota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

What could "happen" to you is that you will have to pay taxes on any wages you receive: there is no such thing as legal "under the table" work or payment. So any amounts you win in the lawsuit, you'll have to pay taxes on at the regular income rate for your income bracket; if you don't pay, you will be committing tax fraud.


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