Legal Question in Employment Law in Massachusetts

I just received a letter (mailed) from an ex employee (I have a small construction business) who I let go after giving him several chances to improve his attitude and productions (all verbal). He owes money to the IRS and for unpaid child support and insisted that he not be paid on the books. I started this business last year and everything is legal. I paid him with business checks but only had him fill out an I9 form three months after he began working for me. I was planning on reporting all of his income ($10000) but certainly don't have to (could just report what he made once he completed the form. Anyway, he was homeless when I hired him (lived in a shelter) and is now in an apartment. His letter says that he wants me to pay him $5,000 or he will go to the authorities with his list of accusations...I believe this is a desperate attempt at not having to go back to the shelter but I don''t know for sure. If you ask any of the other employees, I gave him too many chances and kept him too long. Thoughts?


Asked on 12/31/09, 6:01 pm

1 Answer from Attorneys
William Harrington Law Office of William T. Harrington

Report all of his income. I don't know what he is accusing you in the letter so I can't really comment. As for the delay in having him sign the I-9, there is always a chance that DHS would care, but I think this is very unlikely. Regardless, there is nothing you can do now. Was he hired as an employee or an independent contractor? Have you properly made withholdings? The bottom line is I would report all of his income and not give in to his threats. If he makes the threat again, you may want to call the police as that is extortion. If you want to discuss, please call me at 617-426-7400.

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Answered on 1/06/10, 7:15 am


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