Legal Question in Employment Law in Maryland
Previous employer withheld paycheck and cannot provide paystub.
My previous employer, upon hiring me, told me he did not have to place me on payroll and have taxes deducted from my paychecks unless I earned $6000 or more.I worked for him for about two months. Then he arrives to work with my paycheck.My paycheck was short approx 30%.He tells me he placed me on payroll and taxes were deducted.I then told him that was fine but i needed a paystub or some kind of documentation that taxes had been withheld.I stopped working for him after he repeatedly failed to provide me with documentation.It has been over a month and he refuses to pay me my last paycheck and either provide me with a paystub or payback the ''tax'' money withheld.Problem is, i never signed any forms(w2) giving legal right to withhold any money.My question is; even though i was working ''under the table'' can i still file suit with small claims in order to get my money or am i screwed!
2 Answers from Attorneys
Re: Previous employer withheld paycheck and cannot provide paystub.
You are certainly entitled to your money. It also sounds as if the employer has violated several labor and tax laws. However, you don't want to go into court, even small claims, and expose yourself to potential liability just in case you violated any tax laws. (I don't know without more facts.)
One option is to phone the employer and tell him you want what is owed to you (have an exact figure) or you will report him to the state and federal departments of labor, the Maryland tax department and the IRS. Give him a couple of days to get the check to you. If he does not, you can then decide how to proceed.
In any case, it does not seem worth spending money on an attorney. So, if you can't get anywhere with the employer, you can call up the IRS anonymously for advice on how to pay your taxes properly if they were in fact not deducted. Then decide whether you have to pay and whether to go to small claims court. In other words, if you go to small claims court, you want to be able to say that you have paid your taxes or checked with the IRS and will pay if neccesary.(If the employer did not withhold properly.)
Good luck.
Jeffrey L. Sheldon
The Sheldon Law Firm
Disclaimer: This posting does not and is not intended to constitute legal advice. This posting is not confidential or privileged and does not establish an attorney-client relationship. You should consult an attorney for legal advice specific to your matter.
Re: Previous employer withheld paycheck and cannot provide paystub.
Chances are you'll get your money. How you should go about it depends on the state in which you live. You may also qualify for free legal help, depending on your income, from the DC justice center, www.dcjc.org.
Good luck.
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