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  • Question-need help!

    Okay, about two weeks ago, during a very busy Saturday at the Cafe where I'm a server, I fell and busted up my knee. It's still bothering me and I haven't been able to work.

    Now, here is where it gets complicated. My boss pays us cash since it's a small place, so that means no Workers Comp. I just want to know what rights I have, if any. I'll be checking back for answers. Thanks guys!

  • #2
    Quoth bannedanna View Post
    What state are you in? The laws vary by state, so it matters quite a bit.
    I agree with that... but I wouldn't want to be the boss right now. Paying an employee in cash has to be the worst idea an employer can come up with.
    I was neat, clean, shaved and sober, and I didn't care who knew it. -- Raymond Chandler

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    • #3
      Quoth TNT View Post
      Paying an employee in cash has to be the worst idea an employer can come up with.
      Correct me if i'm wrong, but isn't that illegal in most states?
      Never underestimate the power of stupid people in large groups.

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      • #4
        Quoth katie kaboom View Post
        Correct me if i'm wrong, but isn't that illegal in most states?
        It's illegal in every state. The IRS doesn't like it at all, and they're a group of people you don't want to piss off.

        But it's more than that... although I don't know the rules in every state. I do know that in Pennsylvania, if an employer doesn't pay for Workman's Comp insurance, they're finished. They're padlocked. No exceptions. What I don't know is what happens to an employee under those circumstances.
        Last edited by TNT; 05-14-2007, 04:04 AM.
        I was neat, clean, shaved and sober, and I didn't care who knew it. -- Raymond Chandler

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        • #5
          As an employer he is responsible whether or not he has worker comp. He is in violation of a ton of laws just by doing cash only. Even if he tries to claim that you are an independient contractor there are specific requirements for that claim and if I remember right you would not be able to be a independent contractor.

          He is commiting tax evasion, fraud, and in violation of labor laws. I don't care what state you live in, his ass could be grass if you wanted to be the lawn mower. You need to immediatly go to the Dr. about this. Have it documented as a work related injury and then submit the bills to him. Submit everything to him in writing, enclose a written letter about it. Make sure that you make it to him, not the business, if he is incorporated and goes under you may be able to use this to still sue him in small claims court or in superior court and avoid his protection of being a corporation.

          If he refuses to pay you for them then I would turn him into the IRS and the local states Labor board. Keep in mind that this will most likely shut him down perminatly. But don't let that discourage you. If he refuses to take care of your medical then he is only looking out for himself and you need to do the same.
          My Karma ran over your dogma.

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          • #6
            Quoth digilight View Post
            You need to immediatly go to the Dr. about this. Have it documented as a work related injury and then submit the bills to him. Submit everything to him in writing, enclose a written letter about it. Make sure that you make it to him, not the business.
            and keep copies of everything!!!
            Everything will be ok in the end. If it's not ok, it's not the end.

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