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Any advice

Discussion in 'Business Operations' started by floyd30, Nov 3, 2006.

  1. floyd30

    floyd30 LawnSite Member
    Posts: 2

    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
  2. Runner

    Runner LawnSite Fanatic
    Posts: 13,496

    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..
  3. noseha

    noseha LawnSite Senior Member
    from MI
    Posts: 554

    runner is good guy who wouldn't steer you wrong.
  4. John Gamba

    John Gamba LawnSite Fanatic
    from ct
    Posts: 10,812

    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.
  5. floyd30

    floyd30 LawnSite Member
    Posts: 2

    Thanks everyone for the advice. I will be heading down to small claims court on monday and go from there. Thanks again.
  6. Tscape

    Tscape LawnSite Bronze Member
    Posts: 1,373

    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.
  7. topsites

    topsites LawnSite Fanatic
    Posts: 21,653

    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...
  8. causalitist

    causalitist LawnSite Senior Member
    Posts: 610

    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.
  9. Sandgropher

    Sandgropher LawnSite Senior Member
    Posts: 909

    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
  10. John Gamba

    John Gamba LawnSite Fanatic
    from ct
    Posts: 10,812

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


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