Employer Doesn't Pay Taxes on Wages, Doesn't Pay for Full Hours, and Won't Issue W-2

[amelia86]

My question involves employment and labor law for the state of: Minnesota

I started working in housekeeping at a motel in my town the end of November. My paychecks I was needing to report for income would be for December 1st and 16th. I was informed he pays under the table...doesn't take any taxes out for the first 2 checks..needless to say he still hasn't. He won't be handing out a w-2 so I'm not sure how to handle that for taxes this year.

Next problem with him is he refuses to pay for actual hours worked. For example the other day I worked 7 hours cleaning the rooms. He says based on how many rooms there were it should have taken me 6 hours and is only paying me for 6 though I worked a full 7. Is that legal? What do I do if it isn't?

Another problem I'm having is he's very very upset I was requesting for unemployment because I work less than 32 hours a week. Most weeks I work only 10 at the most. If he refuses to fill it out can he fire me because he doesn't want to deal with it? Basically with all the issues I'm having should I just stick it out because this economy is so hard and I can't seem to find another job elsewhere...believe me I've tried or can/should I take some kind of action?

Thanks

[Mr. Knowitall]

If your employer is not giving you a W-2 or 1099, you can pay your taxes based upon your own records of your earnings.

You can make a wage complaint about your employer here.

I'm not sure what your question regarding unemployment is about. Are you stating that your employer cut your hours from full-time down to about ten per week?

Your employer is violating tax and labor laws "all over the place". I can't promise you that your employer won't retaliate if he figures out you've filed wage complaints or have reported his failure to issue a W-2 to the IRS or state department of revenue. You would likely benefit from consulting a local plaintiff-side employment lawyer.

[PattyPA]

Well, it's a W-2 or a 1099-MISC (not a W-9, that's something the IC completes, not the company), but other than that, Mr K is right on.

If your hours have been substantially cut, file for partial unemployment benefits. If your company has misclassified you as an IC instead of an employee, he will not have reported wages for unemployment purposes, and you will initially be denied. However, at that point, you can appeal based on the misclassification.