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CAN I SUE MY BOSS FOR PAYING ME UNDER THE TABLE AND NOT GETTIN MY LAST PAY

Washington, DC |
Attorney answers 5

Posted

Be glad you no longer work for a boss that you feel is unfair. If you were being paid under the table, you will have a hard time proving he owes you money but if it is a significant amount, you might be able to take your boss to small claims. You could be throwing good money after bad.

Posted

For paying you under the table, you can potentially file a complaint with the IRS asking to be reclassified from independent contractor to employee, but that will only benefit you (sadly) if you have been paying your taxes as an independent contractor. You may also be able to make claims for employee benefits that he should have provided.

For stealing your last pay, you can certainly sue your boss. And you can sue your boss if he took any employment action against you, motivated even in part based on your race.

Please feel free to contact me to discuss your case on an initial gratis basis.

Howard B. Hoffman
(301) 251-3752

Posted

Not sure what names he calls you or how you are determining he's racist but certainly an employer is not allowed to call you racial slurs or use racist language. Depending on the severity that could be a potential lawsuit. Perhaps one that far exceeds the last bit of money he owed you. Which you can also recover. I would talk to an attorney asap. You can find one on this website or at www.nela.org

My answering this question does not form an attorney-client relationship. Always retain a qualified attorney before taking any action. My office offers free consultations. www.jrandolphlaw.com

Posted

It sounds like you have several different claims you could make. Certainly the failure to pay you woukd make your boss liable under the Maryland wage payment act abd the federal fair labor standards act. These codes give multiple damages (2 x or 3x depending). Plus there ate probably record keeping issues given the under-the-table relationship.

Feel free to call if you want to chat about the details

Lawrence Holzman
The Holzman Law Firm, LLC.
8955-A, Edmonston Road, Greenbelt, Md 20770, (301) 876-4393. lholzman@theholzmanlawfirm.com

Posted

You may have a claim under the DC Wage Payment and Collection Law, the Fair Labor Standards Act, for past wages due; and for calling you derogatory names, a cause of action under Title VII. The statue of limitations (SOL) for the wage case is 2 years, while the SOL for the Title VII Claim is 300 days from date of termination. In the case of the latter you need to file a charge with the EEOC First. Their information can be found here: http://www.eeoc.gov/employees/charge.cfm.

If you need help on this, kindly contact my office.

Note that under DC Law, upon termination, an employer has to pay your last pay stub on the following day, otherwise the employer is subject to a 10% daily penalty.