Is it illegal for him to not take out taxes?
My boyfriend just recently started working as a roofer/construction worker for a family owned construction company. The guy pays them cash, meaning no unemployment, no workers comp, if anything was to happen. So if my boyfriend falls off of a roof, we are left to pay for all of the bills. Which i for one am worried about.We have a new baby and cant afford a lot of things, let alone a doctor bill. So we decided that he should ask the employer to take taxes out. But what if he denies it? Is there some sort of law against the employer not taking out taxes?
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uh..he’s working under the table or he’s a private contractor responsible for his own . If he wants to keep working there, he does it the employer’s way. If he wants taxes out and benefits, he needs to get hired by a real employer. Pretty common in construction; odds are he’s considered a private contractor not an employee.
How bad does your boyfriend need the job? Most small construction companies are under the table. If your boyfriend starts making demands he will most likely get fired. Your boyfriend can file taxes on his own if he claims the income but that won’t help with unemployement or workers comp. It is the law that an employer must provide workmens comp but most construction companies claim their employees are subcontractors and therefore exempt from the owner needing to carry the insurance. This is a very gray area and by the time the owner is investigated your boyfriend will be fired.
My suggestion is to learn to live with it or get into another line of work.
It’s a tough situation to be in. I hope your boyfriend stays safe.
It sounds like the employer is classifying your boyfriend as an independent contractor which is perfectly legal. In that case all liablity lies your boyfriend such as paying taxes on what he earns and finding and paying his own medical insurance premiums.
Employers usually pay an independent contractor more because of the this; however, it sounds like in your case you need to encourage your boyfriend to look for a new job where his is an employee, not an independent contractor, where they withhold taxes and hopefully have insurance benefits %2
Odss are he is not classing him as an independant contractor. The employer is just paying under the table in order to save himself money….. not legal.
If he asks about he will get fired. If he asks, does not get fired and reports this to the labor board then the owner will know it was him since he had previously asked about it. So he will get fired. If the labor board gets involved the IRS will as well. The guy will have no company so hence no job.
I know a roofer who fell off a roof. He worked under the table. He was utterly and completely screwed
Another guy who was seriously injured at a job site but his company was on the up and up. In the end he was able to get long term disablity
Your boyfreind needs another job doing anything or with a company that takes out taxes. Especially since he has a family. For one if he lost his job he would not be able to draw unemployment.
For another what if he gets hurt and is out of work for a time? He would have no money for his family and huge medical bills. What if it was more serious? The potential for risk are to great in his line of work.
And we all know that babies need to have at least basic medical insurance. Long ago I had this job that took taxes out but did not pay for medical insurance. I took a second job working at 7/11 of all places because the offered it. It was not my cup of tea, I hated it, I almost never saw my family and I was always tired. But my family was covered. Eventually I was able to find a better job in my chosen profession and quit the second job.
Though I finally joined the military. Full medical, housing, benefits and all of that. Then I took college classes while in. But enough about me.
He needs to keep quiet and start looking for another job.
yes it is illegal. Furthermore, you have workers comp coverage even if he doesn’t pay it. The employer would be personally liable for any injuries (because he didn’t pay the premium) and the workers comp folks would enforce that for you. If you ask him to start withholding, the most likely result is that he is fired. The employer pays a lot more in taxes than is withheld from the wages. That is why he wants to pay under the table.
The only really relevant, and meaningful information here is in
tpmccarthy’s post. The rest are conjecture, and based on ignorance.
What this employer is doing is illegal. Whether or not roofers, or
other construction employers do this does not make it ok. There are
strict laws under state and federal, as well as IRS laws that
prohibit the actions this employer is taking in payment of wages to
these employees. Fully and completely illegal.