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Im employed by roofing company in Westchester ,Ny for at least 3 months. My employer/owner of company has/still pays cash only

Somers, NY |

When I was hired.. He said I would start off getting paid cash and than eventually, depending on how it worked out he will pay me on the books. However, this past Friday I had an issue with my foreman on the job..He told my employer/owner that I didn't go on the roof..My reasons were for safety/and they workers/employees were improperly carrying shingles, plywood up roof..Also, because of personal reasons and the above issues w/foreman I left him voicemail Friday evening saying I would not be able to work this past Saturday. When I went to recieve my pay on Saturday(foreman hands out pay)..One of the other foreman was speaking to owner/employer on phone and said that if I didn't work Saturday (yesterday) he will dismiss me..My employer owes me overtime pay and if he fires me can I sue?

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Attorney answers 3

Posted

Wages are owed and it is unlawful to pay someone off the books under the flsa and irs codes and federal and likely New York laws

As to termination as an employee at will I don't see a right to sue based on these facts

Consult a lawyer re wages and all issues

The hiring of a lawyer is an important decision and one you should not make just upon reading something. While I may generally provide some helpful information and an answer to your question, this is not meant to be direct legal advice to you. If you wish legal advice, many attorneys offer free consultations on certain legal issues. If you wish to be certain about how best to proceed to protect your legal interests then I encourage you to contact the lawyer with experience in the same area of law

Posted

It sounds like the manner in which you were paid may have been illegal. My best advice would be to schedule a free consultation with an experienced employment attorney in your area. Be sure to bring any documents reflecting when you worked or how much you earned, if they exist. If they do not exist, do not be discouraged. This is common.

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Posted

If you are owed overtime, you may have a claim for that overtime, regardless of whether they terminate your employment.

This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/employattorney) or Facebook (http://www.facebook.com/WhiteRicottaandMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.