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Help, my parents have my money!

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HRZ

Senior Member
Your parents in IL are entitled to all of your earnings...whether earnings were above or below the table ...that part has nothing to do with employers conduct.

See Appellate Court of Illinois, First District.·304 Ill. App. 459 (Ill. App. Ct. 1940)
ZOZASKI V. MATHER STOCK CAR CO
 


quincy

Senior Member
Oh, no it’s a semi truck repair shop
That is good to know. :)

You might want to discuss with your parents the work you did for the repair shop, and then discuss with your parents your employer and the wisdom of filing of a complaint against him with the Illinois Department of Labor.

Perhaps your parents will be more willing to return your money to you if they realize you were the victim of an unscrupulous employer rather than in possession of stolen funds.

Good luck.
 
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HRZ

Senior Member
IN case you wonder, its your legal,duty to report all wages cash or whatever to IRS as well as state ...and IRS does not give out excuse cards for not filing and paying ( if anything is due ) I have no doubt employer cut some legal corners....but explain to me just how starting a legal fuss over wages paid is going to solve anything .

The Employer could up with a statement witnessed by the Pope that they paid you $'9947.50 or whatever ...but unless Zozaski has been overturned, your parents do not owe you a dime . IF you have a serious beef with parents..at 18 get a real,job and move out ?.
 

quincy

Senior Member
IN case you wonder, its your legal,duty to report all wages cash or whatever to IRS as well as state ...and IRS does not give out excuse cards for not filing and paying ( if anything is due ) I have no doubt employer cut some legal corners....but explain to me just how starting a legal fuss over wages paid is going to solve anything .

The Employer could up with a statement witnessed by the Pope that they paid you $'9947.50 or whatever ...but unless Zozaski has been overturned, your parents do not owe you a dime . IF you have a serious beef with parents..at 18 get a real,job and move out ?.
It can help the parents to know that Anovak did not steal any money and that the employer lied.
 

FlyingRon

Senior Member
This is not the case of a UTMA/UGMA case. There is no Coogan law in Illionois and even if this was taking place in California, it wouldn't apply to this employment.
 

quincy

Senior Member
This is not the case of a UTMA/UGMA case. There is no Coogan law in Illionois and even if this was taking place in California, it wouldn't apply to this employment.
Right. I actually said that it did not apply, in the same post where I mentioned those exceptions to a minor's earnings belonging to the parent. :)
 

HRZ

Senior Member
OP you may well be able to create a fuss about steps the employer skipped in paying you..and perhaps some fines to the employer get imposed...but bottom line your parents are entitled to keep your earnings if they so desire .

PS a threat to report your employer to some law enforcement agency unless he affirms the amount he paid you may be over the line into " extortion" ..don't know but I'd be careful....
 

quincy

Senior Member
OP you may well be able to create a fuss about steps the employer skipped in paying you..and perhaps some fines to the employer get imposed...but bottom line your parents are entitled to keep your earnings if they so desire .

PS a threat to report your employer to some law enforcement agency unless he affirms the amount he paid you may be over the line into " extortion" ..don't know but I'd be careful....
There is really no reason for Anovak to contact his former employer again, unless he needs an accounting of wages for tax purposes.

Anovak can file a complaint against the employer that can result in an investigation of the employer practices if he chooses to, however.

That option is available to him even if he cannot get his parents to return his money.
 

not2cleverRed

Obvious Observer
There is really no reason for Anovak to contact his former employer again, unless he needs an accounting of wages for tax purposes.

Anovak can file a complaint against the employer that can result in an investigation of the employer practices if he chooses to, however.

That option is available to him even if he cannot get his parents to return his money.
One of the reasons Anovak or his/her parents should consider is that if the employer is paying under the table, he is probably also underpaying other things... like insurance. Thankfully, Anovak wasn't injured on the job, for example.
 

quincy

Senior Member
One of the reasons Anovak or his/her parents should consider is that if the employer is paying under the table, he is probably also underpaying other things... like insurance. Thankfully, Anovak wasn't injured on the job, for example.
Completely agree. Anovak (and his former employer) were VERY lucky Anovak was not injured while working in the repair shop.

It is possible, I suppose, that the employer was in all innocence trying to be nice to Anovak by offering him a paying job, unaware of the laws that governed him and his repair shop. But the employer denying to the parents that Anovak worked for him makes me doubt this is the case - and, of course, it wouldn't excuse his violations of the law.
 

Shadowbunny

Queen of the Not-Rights
It sounds like a big mess.

Are you still working? Do you have a work permit?

Open an account in your name and deposit all future earnings in this account.

Why won't your parents let you have the money you earned?
quincy, since the OP is over 16, does she need a work permit?
 

quincy

Senior Member
quincy, since the OP is over 16, does she need a work permit?
Anorak said he was 17, going on 18, and he said he worked for a total of 12 months (9 + 3). In my head that would bring him to 16 when he started work.

edit to add: And, actually, Anovak would not need a work permit in Illinois if he was not under 16 when he started work. It would help if I actually read the links I provide. :)
 
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