Hi guys,
I used to work at a restaurant. Its already been two months since I quit my job and my boss hasn't paid me yet. She keeps telling me to come another week. Today I called the cops on them. Apparently, there is nothing the cops can do either. They said its a civil matter and you should go to the court. I told them I was being paid under the table so going to court is not really an option. They told that it wouldn't matter. Then, all of a sudden, my boss calls me and says I need to fill out form 1099. I don't know what that is or what I should be my next step. Should I go to court or state labor department? Any suggestions would be highly appreciated.
Thanks in advance.

These bastard knows your and our problems, if you were legally working , he would not be be late. It must be either Dothi, Pakistani, Korean or Chinese.

this is not  a legal advise but just a suggestion:

 

1099 is filled out before you actually begin to work not after termination.  So you have a very good case.  Filing civil case is easy, look up state laws etc..I think its about 30 bucks.  Also there are loads of free lawyers provided by the govt. 

 

Tell her you want every single penny and interest on it for the time not paid.  Legally you are eligible for it.

 

Go to small claims court. If you call them and tell them that you are filing your case in a small claims, they will settle with you before you know it. But you need to provide evidence that you have been duped.

"But you need to provide evidence that you have been duped."

They need to provide an evidence that he's been paid in the first place and apparently, he's not been paid. So he's got all the chances in the world to win the case.

Share more about your case and we could help you more.

good point Bidroh, just for my reference how does one provies he was working there if he's never been paid in checks? do u think the employee should use the regular customers as witnesses?

 

 

Co-workers could also be used as witnesses. I doubt regular customers can be used as witnesses because all they can do is verify that a certain person has worked there. Tara whether he was paid or not....how'd the customers verify it?

Again Dilligaf bro, ahile Nepali ko population ni babbal increase bhai sakyo. Plz do share where you're located. Dhoti haru lai thik parne ho.

Have a friend act as a lawyer or have a lawyer call them.
Best thing to do.

This is a case of "I am not gonna pay you, what the f(u)c(k), you gonna do now?". It is also as much about your ego and the battle of your brain against his as it is about compensation. Make a tete-a-tete with a good lawyer in town. The first one is usually free to adequately put your case on the attorney's table.

Don't let that punk get away just like that. After the case is over, slap a very well-justified negative review about that person's business and/or contact Better Business Bureau if applicable.

How much more MONEY does your employer OWE you? Is it the LAST PAY before you quit or Is it the ENTIRE SALARY since the day you've started to work?  Did you work as a waiter receiving tip? OR Did you work in the kitchen on Salary?  

Watch the movie "Payback" starring Mel Gibson. You can instantly relate that flick to your situation.

Another word of wisdom here:
Whenever you even remotely sense that your compensation is in jeopardy if you quit your job suddenly, be a little more cautious and do it with a lot of goodwill and in affable terms. That way, the rogue employer will not screw with your life after you have left.

Going the 1099 route means you are an independent contractor and you owe taxes to the IRS during your tax returns season at the conclusion of the calendar year.
A few more "Divine Counsel".
Never negotiate on the phone. The employer has to show you the physical money, money order or cashier's check before you decide to formally settle. I hope you are legally authorized to work else that adds one more item to the hurdles. Still see a lawyer before you agree to anything or sign any document offered by your former employer. The lawyer can point out all your legal options that work more to your advantage.

Birodh: This one is for you. If the employer said in the court that they paid him in cash as usual and he is just trying to make some easy money. How are you going to prove that they did not? I don't know how the witnesses are going to help. I don't think people get paid in presence of others usually.

I would suggest writing them a letter or faxing them asking for payment a couple of times. If they don't refute it, that could serve as a proof of them owing you something.

 

Thanks so much for the suggestions. Yes its an indian restaurant. I used to get paid in checks (not social security check). I didn't get paid for the last six weeks that I worked there. It started with one of the checks being returned (I have the bank letter). And after that they didn't pay me at all. I used to get paid around 6 an hour in check and 4 an hour in cash. I didn't sign any forms when I was hired. They don't know my s.s.n. And besides my position is the kind of position where you receive wages or salaries. I don't know why he is trying to 1099 me. I think because I called the cops on them, he is trying to scare me so that I don't go further.

Are you going to see a lawyer or not?

You ought to answer "Yes!",  given the amount of proddings some of us have been providing you thus far.

gosh so sick of exploiting ppl like this giving $4 an hr....not paying them tips....wtf....really annoying....dude you should stop going to work when they dont pay u .......in ocean city one of my friend used to do henna tattoo and she worked the entire summer hoping that she will get paid in end....in the end all she got was sun burn and stained hand...its really sad...

what if u're working using u're samajik surakshya in a restaurent?...yadi afno kunai co-worker le kaam ma pay gareko chitta nabujera shram bibhag lai complain garyo bhane tini haru le ayera sabai kaamdar ko payroll plus i-9 forms( employment eligibility verification ) hercha haina?

[@Aabakgarne;  Lets not forget the other payment $6/Hr on Check. And the FREE MEAL at the Restaurant.] Its a reasonable deal  if the employer pays the worker on time. AND hiring 'undocumented person'  is risky for the owners. Since the employer is AGREE to pay Legally ( Form 1099), I believe DILLIGAF should Accept the offer BUT with certain demand and tactics.  In this case, I don't TRUST the employer at all. 

LET ME BEGIN BY SAYING "MY ROOM MATE (F1) VISA HOLDER WON THE CASE AGAINST THE OWNER OF A GAS STATION, WHO REFUSED TO PAY HIS PAY"
 go to the small claim court and file for a case against the owner.DON'T, i repeat don't scare ( thinking abt f1 and work outside of school) cuz the court deals only with the claims, not to UR LEGAL STATUS. the court only looks to the evidences of the facts  that u really worked for and didnt get paid.If u can prove it to the court, its ur win -win.

Dilligaf,

Why don't you reveal the name of your employer or tell us more about your location. We're trying to help you brother. This sort of "abuse" by dhotis is really annoying the hell outta me. 4 bucks an hour re. wtf. Dilligaf bro, don't get scared man. Ahile ta Nepali haru pani tannai chan Nepal ma. We're now among top 10 International students bunch! Yo Dhoti haru lai gurkhe lauri nalagai bhachaina jasto cha.

Newlynew, you're going on in circles. If an employer says that he's already paid his employee in cash, then the employee has a higher chance of winning the case because 1. The employer won't be able to prove that he's already made the payment. 2. Restaurants paying wages under the table is an illegal act and the employer would get in trouble.

Further, Dilligaf, already mentioned that he used to receive checks and actually, this whole problem started when one of his paychecks got returned!