I worked for an employer for 3 months, within then, I was not allowed breaks or lunch periods. I was paid half under the table and half on checks, but I did not claim the under the table on my taxes because at the time I didn't know I had to. I want to sue her but I'm afraid I'll lose due to me not claiming the income. I worked for her in 2006 and it's about to be 2010. How long do I have to sue her? What should I do?
The statute of limitations on a wage and hour claim is 3 years.
However, courts have permitted such claims to br brought as an unfair business practice statute which has a 4 year statute of limitations.
As for the under the table payments, you should consult confidentially with an attorney about that.
I would strongly urge you to consult immediately with a litigator skilled in this area of the law.
PLEASE NOTE THAT THIS RESPONSE SHOULD NOT BE CONSTRUED AS A LEGAL OPINION OR ADVISE, AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. IN ORDER TO RENDER A LEGAL OPINION OR ADVISE, THE RESPONDING ATTORNEY WOULD NEED FAR MORE INFORMATION THAN HAS BEEN PROVIDED, AND WOULD NEED TO BE RETAINED PURSUANT TO A WRITTEN FEE AGREEMENT.