Platte City, MO asked in Employment Law, Tax Law and Business Law for Missouri

Q: Is getting paid under the table illegal

I didn't agree to getting paid under the table also they only paid me $100 for 50hours

3 Lawyer Answers
D. Mathew Blackburn
D. Mathew Blackburn
Answered
  • Tax Law Lawyer
  • Englewood, CO

A: Being paid or paying a contractor in cash is not illegal.

Failure to report income is illegal.

Failure to classify a worker properly is illegal (not in the criminal sense per se but it is a violation of the tax code).

If you were misclassified as a contractor when you were an employee there may be a minimum wage violation.

If the client didn't pay you the proper amount your recourse is to file suit for breach of contract or some other cause of action.

It's going to depend on if this is an employment issue or a contract issue.

I'd look for a local attorney that handles employment issues and discuss the matter with them to see if you should have been classified as an employee or if you have a contract claim.

Ronald J. Eisenberg agrees with this answer

Ronald J. Eisenberg
Ronald J. Eisenberg
Answered
  • Chesterfield, MO
  • Licensed in Missouri

A: I agree with Mr. Blackburn's answer but also don't understand why you agreed to work of the pay rate of an overseas garmet worker.

If you were an employee you should been paid minimum wage.

Ronald J. Eisenberg
Ronald J. Eisenberg
Answered
  • Chesterfield, MO
  • Licensed in Missouri

A: I meant "garment."

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