Hi guys,
I used to work at a restaurant. Its already been two months since I quit my job and my boss hasn't paid me yet. She keeps telling me to come another week. Today I called the cops on them. Apparently, there is nothing the cops can do either. They said its a civil matter and you should go to the court. I told them I was being paid under the table so going to court is not really an option. They told that it wouldn't matter. Then, all of a sudden, my boss calls me and says I need to fill out form 1099. I don't know what that is or what I should be my next step. Should I go to court or state labor department? Any suggestions would be highly appreciated.
Thanks in advance.

How much more MONEY does your employer OWE you? Is it the LAST PAY before you quit or Is it the ENTIRE SALARY since the day you've started to work?  Did you work as a waiter receiving tip? OR Did you work in the kitchen on Salary?  

Watch the movie "Payback" starring Mel Gibson. You can instantly relate that flick to your situation.

Another word of wisdom here:
Whenever you even remotely sense that your compensation is in jeopardy if you quit your job suddenly, be a little more cautious and do it with a lot of goodwill and in affable terms. That way, the rogue employer will not screw with your life after you have left.

Going the 1099 route means you are an independent contractor and you owe taxes to the IRS during your tax returns season at the conclusion of the calendar year.
A few more "Divine Counsel".
Never negotiate on the phone. The employer has to show you the physical money, money order or cashier's check before you decide to formally settle. I hope you are legally authorized to work else that adds one more item to the hurdles. Still see a lawyer before you agree to anything or sign any document offered by your former employer. The lawyer can point out all your legal options that work more to your advantage.

Birodh: This one is for you. If the employer said in the court that they paid him in cash as usual and he is just trying to make some easy money. How are you going to prove that they did not? I don't know how the witnesses are going to help. I don't think people get paid in presence of others usually.

I would suggest writing them a letter or faxing them asking for payment a couple of times. If they don't refute it, that could serve as a proof of them owing you something.

 

Thanks so much for the suggestions. Yes its an indian restaurant. I used to get paid in checks (not social security check). I didn't get paid for the last six weeks that I worked there. It started with one of the checks being returned (I have the bank letter). And after that they didn't pay me at all. I used to get paid around 6 an hour in check and 4 an hour in cash. I didn't sign any forms when I was hired. They don't know my s.s.n. And besides my position is the kind of position where you receive wages or salaries. I don't know why he is trying to 1099 me. I think because I called the cops on them, he is trying to scare me so that I don't go further.

Are you going to see a lawyer or not?

You ought to answer "Yes!",  given the amount of proddings some of us have been providing you thus far.

gosh so sick of exploiting ppl like this giving $4 an hr....not paying them tips....wtf....really annoying....dude you should stop going to work when they dont pay u .......in ocean city one of my friend used to do henna tattoo and she worked the entire summer hoping that she will get paid in end....in the end all she got was sun burn and stained hand...its really sad...

what if u're working using u're samajik surakshya in a restaurent?...yadi afno kunai co-worker le kaam ma pay gareko chitta nabujera shram bibhag lai complain garyo bhane tini haru le ayera sabai kaamdar ko payroll plus i-9 forms( employment eligibility verification ) hercha haina?

[@Aabakgarne;  Lets not forget the other payment $6/Hr on Check. And the FREE MEAL at the Restaurant.] Its a reasonable deal  if the employer pays the worker on time. AND hiring 'undocumented person'  is risky for the owners. Since the employer is AGREE to pay Legally ( Form 1099), I believe DILLIGAF should Accept the offer BUT with certain demand and tactics.  In this case, I don't TRUST the employer at all. 

LET ME BEGIN BY SAYING "MY ROOM MATE (F1) VISA HOLDER WON THE CASE AGAINST THE OWNER OF A GAS STATION, WHO REFUSED TO PAY HIS PAY"
 go to the small claim court and file for a case against the owner.DON'T, i repeat don't scare ( thinking abt f1 and work outside of school) cuz the court deals only with the claims, not to UR LEGAL STATUS. the court only looks to the evidences of the facts  that u really worked for and didnt get paid.If u can prove it to the court, its ur win -win.

Dilligaf,

Why don't you reveal the name of your employer or tell us more about your location. We're trying to help you brother. This sort of "abuse" by dhotis is really annoying the hell outta me. 4 bucks an hour re. wtf. Dilligaf bro, don't get scared man. Ahile ta Nepali haru pani tannai chan Nepal ma. We're now among top 10 International students bunch! Yo Dhoti haru lai gurkhe lauri nalagai bhachaina jasto cha.

Newlynew, you're going on in circles. If an employer says that he's already paid his employee in cash, then the employee has a higher chance of winning the case because 1. The employer won't be able to prove that he's already made the payment. 2. Restaurants paying wages under the table is an illegal act and the employer would get in trouble.

Further, Dilligaf, already mentioned that he used to receive checks and actually, this whole problem started when one of his paychecks got returned!

I worked at Sultan Restaurant in San Francisco (Owner:Iqbal Hansia). The deal was 900 per month in check + tips. The owner('s wife; family owned restaurant) clearly mentioned that we would get all the tips. I wasn't surprised (given the fact they were Indian) when I was given only $25 when the actual tip was $300+. Like SIS says, it still wasn't a bad deal if I would just get paid. And now I am tired of going there over and over again. So I am going to go to the state labor department and seek their opinion in the matter. Lets see if what they have to say is applicable in my case. But it looks like small claims court is my best option. Houston_kancho, can you please tell me the payment method of your friend? I mean, was it cash or personal check or smth else. Also, if I go to court, I am going to need a lawyer. I don't know how much that is going to cost me.
Also, I think 1099 applies to people like bartenders who are usually paid 2-3 dollars an hour but get to keep all of the tip. In that case, there is a contract signed by both parties before the person starts to work. In my case, I signed no contract. Why would I want to go and sign one now after the termination of my employment (or 9 weeks after the termination of my employment.) I think they just want to scare me. They must have thought using big words like IRS and taxes if going to scare me and I would forget about the money. I am going to get that sonofabitch.

Good time to write a review on Sultan Restaurant in San Franscisco.  Get even with your pen. 

 

http://www.urbanspoon.com/r/6/91525/restaurant/Civic-Center/Sultan-San-Francisco

http://sanfrancisco.citysearch.com/review/46312418?reviewId=42568911

http://www.insiderpages.com/b/15242200169

 

http://www.tripadvisor.com/ShowUserReviews-g60713-d1460452-r49148096-Sultan-San_Francisco_California.html

 

one more review site ..

http://www.yelp.com/biz/sultan-san-francisco

 

dude it will take you months if not years to get your money.  Just file a petition for non payment in civil court and take it from there.  Find a free lawyer..they are all over the place.  Also tell them you will go to all local papers if you have to. 

Write a official letter explain all your woes in detail.  Register and send to them.  Explain you are being forced to knock on the court and local media.  Send that letter wtih a tracking # or make sure you have proof of delivery.  This usually works out without court involved.  If they come to negoting table ask for your salaray and compounded interest on it for the time not paid. 

This thread has been going on too long you have more than enough advices..at this time if I were you I would start my process (whatever it is) or just bite the bullet. 

Brilliant! Now I'm about to pen something about these sobs myself. Good thing you shared the morons' location and reveled their names. I believe a court will provide you with a lawyer if you can't afford one.

Yo dhoti haru lai thik nabanai nahune bhayo. Jata pani Nepali lai pelne. But then again, I've heard of Nepalese who've really underpaid their compatriots too.


Tara ya, you've got our backings bro. Go to the civil court first and take it from there. Tesai chodne ta kurai bhayena ni [Disallowed String for - use not allowed] haru lai.

I have an update guys. I went to U.S. Department of Labor Wages and Hours Division. I talked to a lady over there and she recommended I go to Labor Standards Enforcement in City Hall. So I went over there and talked to one of the investigators. I also explained that I wasn't using my social to work there. He told me that San Francisco is an amnesty city. In San Francisco, everybody is entitled to minimum wage regardless of their immigration status. And its their problem because they were paying you under the table. The court won't ask for any of those details. So, there are two cases. One for paying me less than minimum wage and another for not paying the last three paychecks. The claim came out to be five grands. I and the investigator from City Hall went to the restautant with the audit letter. But they didn't pay. They started to make excuses. So my investigator issued him $500 10 day notice letter. We are awaiting their response. The investigator says, they are unlikely to pay you. So we are planning to file a lawsuit against them next week in the State Court.

jinda baad!!! thats what i am taking abt..

La congratulation ..........

Hope you got paid.

Most Indian/Chinese  restaurant owner pay less and always keep the tips specially  paid by credit card.
Man life sucks.