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Hiring an Employee Regulations

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wishkah3535

Junior Member
What is the name of your state (only U.S. law)? NY

Im not really sure where to post this so trying here..

long story short my old boss stiffed me out of two paychecks when I stopped working for him. I just filed a petition in small claims for them to send him a summons etc.

what Im wondering about is how I was payed and taxes and laws on hiring employees and paying them. I was payed in cash always. when I was hired I had to sign some non-disclosure contracts, some other contracts regarding employment and stuff like that it was a while ago I dont really remember them all. what im trying to figure out is what the law is regarding employers and paying them and doing things by the books.

like i said i was never paid real paychecks just cash so im thinking he was just paying me under the table tho i thoht it was legit. he said i needed to file taxes on my own when i did my returns in the future. basically i want to know can i get him in trouble if he didnt do all of this correctly? what exactly do employers need to do for it to be by the books? dont they need to have insurance on their employees and stuff? dont they need to pay more taxes on their employees thats why they like paying people under the table? this guy was a scumbag and want to bring this up in court if I find out he didnt do this by the books or whatever.

so any info about all of this would be greatly appreciated cause i have no idea on where to start. he also had one other guy working there who barely spoke any english, im not even sure if he was legal to work there payed him cash also. the first few days of working for this guy he had me for two days straight look up stuff on legally hiring immigrants and looking up all this paperwork about how employers need to have signs posted everywhere for immigrant workers, which he didnt, and some other things.. so anyone help me out?
 


pattytx

Senior Member
What did you do and what type of business did you do it for?

Being paid in cash is not inherently illegal.
 

wishkah3535

Junior Member
office assistant / web developer it was for a DBA i guess it was called

The whole cash thing just made me think he didn't want any record of me ever working there so that when he planned on firing me, if he did, he could jus cut me off and then not pay me or have to worry about anything like he pretty much is trying to do, but little does he know is i know what small claims court is and have plenty of email evidence.

treated the other employee like **** and me towards the end
 

wishkah3535

Junior Member
I want to take this alll the wayyy omg ty for that link that explained everything perfectly clear. I was an independent contractor, signed that contract i remember i think, but my job was that of an employee. i was given specific jobs etc. exactly like it said in that link was told exactly what to do and how to do work and how controlled. how, when, or where to do the work, what tools or equipment to use. when it came to reimbursements like it said in the independent contractor section. if you are one of those, you wont get reimbursed, which i wasn't when I went and sent packages with my own money etc..

so basically, he got out of me all the benefits of having me work as an employee under him, while i was signed on as an independent contractor so basically I was getting shafted and he was reaping the benefits of not having to pay taxes on me. didn't even realize it. wow. this guy rly is a scumbag on a whole new level. damn i thought it was bad ripping me off 2 measly paychecks. now all this junk?! lol wow. ty so much pattytx. now i just need to know how to begin..:D
 

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