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

UPDATED: Oct 7, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 7, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption