What to do about showing income to me that I didn’t actually receive?

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What to do about showing income to me that I didn’t actually receive?

I work as a waitress and am told to re-do many days of checks for other waitresses (that are not on the payroll due to legal status). I am told that I will lose my job if I don’t do them and I cannot get in trouble. Since I’m redoing theses checks, it shows that the tips received came to me, which they didn’t and that I worked more than I actually have. I only work 6 or less hours per week. How can I be protected?

Asked on October 7, 2011 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you can, speak with an attorney before doing anything; if not, you may wish to contact the state labor or tax authorities before doing anything, or simply to seek a different job.

What you are being asked to do is illegal. By misrepresenting who earned how much--both in terms of hours worked and in terms of tips received--the employer is violating both tax law and wage and hour law; they may also be violating other laws, such as in regards to unemployment contributions. If you help them--even if your job was threatened--you will be aiding and abetting these violations. That is why you need to seek legal advice, or talk to the relevant agencies, or simply walk away from doing this.


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