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floyd30
11-03-2006, 10:04 AM
I just joined this forum, but dont know where to post this, so maybe someone would be kind and help me.

I worked for a landscpaer/tree service guy in norfolk,va for about 3-4 years. I did some work for him in september that he has yet to pay me for. It is for 8days of work, so my pay would have been a little over $500.He is now refusing to pay me after weeks of telling me he would pay me. I know i am going to be told to contact an attorney, which i plan to do, but my funds are tight right now.

The tree service in question is also run from his house and he allways paid me in cash, so the department of labor is not going to help me. If anyone here has any tips or ideas i can go about getting paid, i would greatly appreciate it. Thank You

Runner
11-03-2006, 04:19 PM
You don't need an attorney. Get your dates together of what days you worked, and what hours. File in small claims court. That's really about all you can do. Later, you CAN contact the IRS and report him. They may be intetrested in this type of operator. It sure seems theat the labor dept. would be interested if he's paying people under the table, they are uninsured, and obviously he is in no-compliance with several other laws (like unemployment, state tax, etc..

noseha
11-03-2006, 05:02 PM
runner is good guy who wouldn't steer you wrong.

John Gamba
11-03-2006, 05:08 PM
You don't need an attorney. Get your dates together of what days you worked, and what hours. File in small claims court. That's really about all you can do. Later, you CAN contact the IRS and report him. They may be intetrested in this type of operator. It sure seems theat the labor dept. would be interested if he's paying people under the table, they are uninsured, and obviously he is in no-compliance with several other laws (like unemployment, state tax, etc..


What joe said is very good. I also would go to the Zoning dept, irs, tax dept, and the labor board.

Just tell him this first and see what he does. If he pays fine if not take a day and bury him.

floyd30
11-03-2006, 06:48 PM
Thanks everyone for the advice. I will be heading down to small claims court on monday and go from there. Thanks again.

Tscape
11-03-2006, 07:16 PM
Don't forget to sue for court costs and your time in filing. In the "amount" section of the form just put $(x) + costs. If you win and the magistrate is feeling generous it will just be more money. It may not work, but hey, you gotta ask.

topsites
11-04-2006, 03:24 AM
Don't forget to sue for court costs and your time in filing. In the "amount" section of the form just put $(x) + costs. If you win and the magistrate is feeling generous it will just be more money. It may not work, but hey, you gotta ask.

afaik, in va you can only get back the court cost, cuz this is a commonwealth.

but regardless, get paid and if you feel like trying it, I don't think there's much they'll do other than correct you...

causalitist
11-05-2006, 04:59 AM
um... if you report him to the irs for paying you cash... wont you have to pay all the income taxes that you were supposed to pay on the cash you recieved? he will obviously be in alot worse shape than you, but dont you guys think they will want him to pay income tax on everything he had been paid? i am of coarse assuming he didnt pay income taxes on the money recieved.

Sandgropher
11-05-2006, 05:54 AM
I am thinking the same thing Floyd30 could be in a lot of chit if he is not careful, sounds like you have both been breaking the law :confused:

edit i have just read this again,you have worked for this guy for 3-4 years and you have always been paid cash??? but he is not paying one week??? i would forget about the whole thing or you will get a huge bill from the IRS

John Gamba
11-05-2006, 07:44 AM
um... if you report him to the irs for paying you cash... wont you have to pay all the income taxes that you were supposed to pay on the cash you recieved? he will obviously be in alot worse shape than you, but dont you guys think they will want him to pay income tax on everything he had been paid? i am of coarse assuming he didnt pay income taxes on the money recieved.


You can work a deal with the irs. hes a bigger fish and the person who was getting payed is very small.

John

kozmo
11-05-2006, 08:21 AM
I just joined this forum, but dont know where to post this, so maybe someone would be kind and help me.

I worked for a landscpaer/tree service guy in norfolk,va for about 3-4 years. I did some work for him in september that he has yet to pay me for. It is for 8days of work, so my pay would have been a little over $500.He is now refusing to pay me after weeks of telling me he would pay me. I know i am going to be told to contact an attorney, which i plan to do, but my funds are tight right now.

The tree service in question is also run from his house and he allways paid me in cash, so the department of labor is not going to help me. If anyone here has any tips or ideas i can go about getting paid, i would greatly appreciate it. Thank You



Small claims and lawyer is good last resort but you want your money now go to your x employer and let him know you it want now or you will go to the labor board.tell them that he would not deduct taxes and that no over time has been paid if that doesn't scare him nothing will that should be enough to shut him down. my guess is hell pay or he really is a stupid man. good luck

John Gamba
11-05-2006, 09:59 AM
Small claims and lawyer is good last resort but you want your money now go to your x employer and let him know you it want now or you will go to the labor board.tell them that he would not deduct taxes and that no over time has been paid if that doesn't scare him nothing will that should be enough to shut him down. my guess is hell pay or he really is a stupid man. good luck


You go Kozmo:) Dont forget to stop by zoning:laugh: :waving:

Runner
11-05-2006, 11:45 PM
.... Or, he's liable to say "Well, if I PAY him, he might STILL turn me in ANYway,...so I'll just take my chances on his bluff and not pay himmm"

John Gamba
11-06-2006, 07:18 AM
.... Or, he's liable to say "Well, if I PAY him, he might STILL turn me in ANYway,...so I'll just take my chances on his bluff and not pay himmm"


Dumb move. Why hasn't he payed this guy in the first place???