Legal Question in Employment Law in California

croocked boss

Hi, I worked over the summer, and before I started working, I filled out a W2 form, but when I was about to get paid I noticed that my boss was paying us all using his personal account. I work for a small company and we sell DISH and cell phones. We are not paying any taxes, and I know for sure that he pays some of his employees with cash.

Please let me know if he is allowed to do this, and what action will be taked against him if he is doing something wrong.

Now,I want to quit and he is not ready to pay me. I want to know what I can do about this.


Asked on 7/29/03, 8:11 pm

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: croocked boss

You should report this employer to the Employment Development Department. They have auditors who can investigate him to determine if he is treating you as employees, rather than independant contractors, and if so, impose penalties, including the taxes that should have been paid for you. You can also contact the State Workers Compensation Board (he should have been paying for workers comp. insurance) and go to the State Labor Commission if you are not paid.

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Answered on 7/31/03, 12:23 pm
Paul Trump, Esq. Law Office of Paul D. Trump

Re: croocked boss

If you decide to quit you must be paid your final paycheck within 72 hours. If you are not paid your final check, then you are entitled to your final paycheck plus a penalty which is equal to your hourly rate, times 8, for a maximum of 30 days. What account he pays you from in more his problem than yours, but if taxes were not paid for you, you should probably check with your accountant if anything needs to be done. Best of luck.

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Answered on 7/31/03, 12:39 pm


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