Legal Question in Business Law in Ohio

Wages being withheld

I took a job in a bar and was given the option of receiving my hourly wages in the form of a check or cash at the end of the pay period. No matter which way I received my check I was allowed to keep all of my tips. I choose to receive my paycheck in the form of cash. We had to clock in at the begiing of each shift, so there are records of the hours I am owed for. I never filled out a W4 or an I9 because my boss told me that since I was receiving my hourly wages in cash there was no need for extra paperwork. I was fired from my job and I am now having problems getting the hours that I am owed for hours I worked. What do I do? Since losing my job I have learned that I should have in fact filled out initial hire paperwork, such as the W4. By not filling out this paperwork have I forfited my ability to claim this back pay?


Asked on 6/03/05, 8:37 pm

1 Answer from Attorneys
Joseph Jacobs Jacobs & Lowder

Re: Wages being withheld

No I don't think you're out of the money. You will have to sue him and the evidence you have will be your testimony as to when you actually worked. Bring in witnesses to support the things you say.

Joe

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Answered on 6/06/05, 6:46 am


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