If my employer was paying my half cash half check can I claim my unemployment off of the full amount or only the check?

Asked almost 5 years ago - Beverly Hills, CA

I was fired for asking for overtime after my employee was making me work ten to twelve hour days. She paid me half cash half check. I need to file for unemployment. Can I claim the unemployment off of the cash and the check or only the check? I am sure she did not pay for benefits for me off of the cash. She also pays the rest of her staff half cash half check. Can I go to the labor board and file a complaint?

Attorney answers (5)

  1. Joseph Clark Melino

    Contributor Level 14

    Answered . While I agree with the previous posters. You are entitled to a claim A. In a recent case where I was the Court Appointed Arbitrator, these were the sections of the Labor Code that covered your issues. Claims for (1) unpaid overtime pursuant to Cal. Labor Code §510, (2) failure to provide lunch and rest breaks Cal. Labor Code §226.7 and Labor Code §512. (3) failure to pay all wages due within 72 hours of termination of employment pursuant to Labor Code §201 and §203. The case did not reach the issue of unemployment insurance. I have no doubt you have a claim in the amount of your total wages [tax effects aside -- taking cash can create a problem for you and for the employer.

    But to tell you why you should see an employment rights lawyer as soon as possible, I give you this one line of my award. "This arbitrator finds that employer failed to pay $149.13 in overtime. That the defendant employer must pay the statutorily imposed penalty of $7,476.00." That penalty is 30 days wages for each month the overtime does not get paid.

    So do not delay in seeking counsel.

    This answer is provided under the terms of AVVO Terms of Reference and does not create an attorney/client relationship. It is an item of information only.

  2. Steven Alan Fink

    Contributor Level 20

    Answered . You have a number of issues. The first one is whether or not you paid income taxes on the cash portion. If not, you should and you may not want to open this can of worms. Second, if she did not deduct the employer's portion of SSI, SDI, etc. she is liable for her half, but you are liable for your half. Third, you can file a wage claim with the labor board for your overtime. The weblink is below.

    You may want to speak to an accountant before you do anything.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

  3. Richard F Hamlin

    Contributor Level 11

    Answered . You might post this in Employment/Labor

  4. Joseph Clark Melino

    Contributor Level 14

    Answered . While I agree with the previous posters. You are entitled to a claim A. In a recent case where I was the Court Appointed Arbitrator, these were the sections of the Labor Code that covered your issues. Claims for (1) unpaid overtime pursuant to Cal. Labor Code §510, (2) failure to provide lunch and rest breaks Cal. Labor Code §226.7 and Labor Code §512. (3) failure to pay all wages due within 72 hours of termination of employment pursuant to Labor Code §201 and §203. The case did not reach the issue of unemployment insurance. I have no doubt you have a claim in the amount of your total wages [tax effects aside -- taking cash can create a problem for you and for the employer.

    But to tell you why you should see an employment rights lawyer as soon as possible, I give you this one line of my award. "This arbitrator finds that employer failed to pay $149.13 in overtime. That the defendant employer must pay the statutorily imposed penalty of $7,476.00." That penalty is 30 days wages for each month the overtime does not get paid.

    So do not delay in seeking counsel.

    This answer is provided under the terms of AVVO Terms of Reference and does not create an attorney/client relationship. It is an item of information only.

  5. Jeffrey Barry

    Contributor Level 8

    Answered . You have potential claims against the employer, but also potential tax liability if you have not reported the cash portion of your wages. You should speak with your accountant or a tax attorney, and also an employment lawyer very soon.

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