Overtime NOT theft!

[mike6464]

What is the name of your state?What is the name of your state? Washington
I was employed with a small company as the book-keeper until I was replaced over two months ago without notice. I am currently seeking severance pay. Recently, the owner has come forward and accused me of theft. Wrong. The employees at this company were paid "off the books" or "under the table" for overtime. The overtime was paid cash for a lower amount. The owner authorized this system because it saved him money. All the overtime paid was for actual amounts owing.
The owner claims he did not authorize my payments. I can prove all the employees were paid cash "off the books" for overtime, I can prove that the amounts were legitimate, but I cannot prove that the owner authorized all the payments.

Help?
What should I do?

Mike6464

 

[Beth3]

You can contact your State's Department of Labor and report the wage and hour violations. You can also contact the IRS and report the tax violations (not all income was reported and taxed.) Beyond that, there's nothing for you to do. It's not up to you to take action against the employer for violating state and federal wage and hour and tax laws.

He's the business owner. Whether he knew about it or not is irrelevant. He's responsible to the government for compliance with all relevant employment and tax laws.

BTW - no employer is obligated to provide severance pay. I'm not sure if you're saying you're attempting to negotiate severance pay for yourself by using the legal violations as a bargaining chip (i.e. you won't report them if he pays you) but if so, that's extortion. You don't want to go there.

 

[mike6464]

Thanks

Thanks for the reply. The point is the owner is accusing me of theft. I can prove employees were paid cash for overtime "off the books". I can prove the amounts were legit. I can prove the owner knew my total hours. But I cannot prove he authorized my cash payments. By the way, he did not sign off ANY overtime cash payment.

And I am not using anything as a bargaining chip.


Mike6464