What should I do now that my boss has sold the business and hasn't paid me? 8 Answers as of December 13, 2013

My boyfriend has been working for his job for a year and a half now. Unfortunately, they have been paying him under the table and he does have proof that he works there but today he goes in and he finds out his boss sold the business without telling any of the employees. My boyfriend and one of his coworkers did not get paid but his boss is not answering his texts or phone. I heard that If we even asked for help from the IRS that they would come after us for accepting the money? His boss told my boyfriend that taxes were being deducted.

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KEYL ADR Services, LLC | Mark D. Keyl
You could go to the US DOL Wage and Hour Division. However, if it was under the table, there may not be any records of his employment. When you break the law, then often there is no recourse.
Answer Applies to: Mississippi
Replied: 12/13/2013
BREEN LAW | John E Breen
Rather than involve the IRS, you will need to immediately sue the former owner. He may be receiving monthly payments, so they could be attached in a court proceeding. This information is not legal advice. Consult with any attorney before undertaking any legal procedure.
Answer Applies to: Ohio
Replied: 12/13/2013
Coane and Associates
Coane and Associates | Bruce Coane
Yes, the IRS is one option. Also, in Texas, the Texas Workforce Commission will pursue employers who failed to pay wages due.
Answer Applies to: Texas
Replied: 12/13/2013
He may sue the owner, unless it is a corporation, then you must sue the corporation. He may want to get accustomed to the fact that he will not get paid. He can report this to WAGE AND HOUR DIVISION OF US DEPT OF LABOR They have counselors that will pursue this.
Answer Applies to: Georgia
Replied: 12/13/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Call your state's department of labor and tell them what happened.
Answer Applies to: Idaho
Replied: 12/13/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    See an attorney, you are correct that if he was working under the table there could be a tax liability. If there were taxes withheld there have to be records, and deposits. How much money are we talking, if it would the fees and risks?
    Answer Applies to: Michigan
    Replied: 12/13/2013
    Law Office of Richard Winkler | Richard Winkler
    They may come after your boyfriend but they may also go after the boss for failing to report the earnings, take deductions and pay federal withholding. He has much more to lose than your boyfriend does.
    Answer Applies to: Rhode Island
    Replied: 12/13/2013
    Fox & Fox, S.C. | Richard F. Rice
    Contact the Wisconsin Equal Rights Division, Wage & Hour Section.
    Answer Applies to: Wisconsin
    Replied: 12/13/2013
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