Consequences of working under the table

[Lamargrant3787 30]

My wife came in to the USA on K1. Her work permit has not come in yet. She worked for a lady as a nanny for about 7 months. The lady turned out to be crazy and sketchy.

 

At the end of the 7 months, the lady was in the process of moving out of her apartment because of some crisis as she says. My wife did all of the packing, worked over 80 hours. The lady did not pay my wife. Still owes her over $1500.

 

When my wife asked for the pay, the lady said "Oh sorry i knew i was forgetting something, I will send cashapp". Hours later, no payment, my wife texted her again. She then said "Im in the middle of the woods on a camping trip and there's not enough signal to send the money. I will have to send it when i return"

All of this is documented through text messages. 

 

Later we found out she was lying the whole time. She then started saying she needs my wife's information so that she can file taxes, and she will send the payment when my wife sends her W-9 information. Ofcourse its BS, but we decided to ignore it and take the loss. 

 

Months later the lady texted my wife again saying she's going to complete taxes and needs my wife's information, and she will take legal action agaisnt my wife, if my wife doesn't turn over her social security number and W-9 form. 

She says she has multiple attornies on retainer and she will consult one of them, so my wife will be responsible for all legal expensses. 

 

I replied to the lady "You still owe my wife $1500+ for over 80hrs of work that you have not paid correct?"

Her reply was "Yes that is correct and I will gladly send the payment when she sends the info requested. I am asking her to abide by the law"

 

I'm not affraid of this lady as I researched labor laws. She's is trying to classify my wife as an independent contractor to avoid her tax obligations, but the work conditions with my wife clearly distinguished my wife as an individual household employee, not an Independent contractor. 

 

Well the big info here is that she started threatening my wife with citizenship status. She says "This will not be good for her citizenship and her as a foreigner should be concerned with following the law"

 

My question is, can my wife be deported for working under the table without a work permit?

 

And final question is should I file a complaint with the labor board for all of the work violations this lady committed? Or should i just drop everything and let it go since we all have dirty hands?

 

Thanks for reading. 

 

 

 

 

 

 

[aaron2020 11,651]

1.  Your wife can not be deported for working under the table.  Illegal work is ignored for the spouse of a USC.

 

2.  BS on having any attorney on retainer.  

 

3.  I wouldn't give this lady any personal information; especially SSN.  The chances for identity fraud and opening financial accounts are high.

4.  Let it go.  No one has clean hands.  Your wife was working illegally.  This lady took advantage of that.  Just let it go and ignore her.  Is $1500 worth more BS?

[powerpuff 6,705]

Spouses of US citizens are forgiven for unauthorized work. So don’t pay attention to the empty threats.

 

however, is it really worth going through filing a complaint with the labor board? Yes, it’s unfair how she didn’t pay your wife but your wife shouldn’t have been working in the first place. Just a food for thought.

[Lamargrant3787 30]

2 minutes ago, aaron2020 said:

1.  Your wife can not be deported for working under the table.  Illegal work is ignored for the spouse of a USC.

 

2.  BS on having any attorney on retainer.  

 

3.  I wouldn't give this lady any personal information; especially SSN.  The chances for identity fraud and opening financial accounts are high.

4.  Let it go.  No one has clean hands.  Your wife was working illegally.  This lady took advantage of that.  Just let it go and ignore her.  Is $1500 worth more BS?

I agree completely thanks. $1500 definitely not worth more BS

2 minutes ago, powerpuff said:

Spouses of US citizens are forgiven for unauthorized work. So don’t pay attention to the empty threats.

 

however, is it really worth going through filing a complaint with the labor board? Yes, it’s unfair how she didn’t pay your wife but your wife shouldn’t have been working in the first place. Just a food for thought.

Exactly no one is clean in this situation. I'll just let it go

[NandV 87]

I think she's trying to scare you. Do not trust her with any personal information. Also, if she paid taxes on what she paid your wife (that is if she even reports it), doesn't she also have to give your wife other benefits?

[Lamargrant3787 30]

7 minutes ago, NandV said:

I think she's trying to scare you. Do not trust her with any personal information. Also, if she paid taxes on what she paid your wife (that is if she even reports it), doesn't she also have to give your wife other benefits?

Exactly. She would have to pay 1.5 overtime for all of the extra hours my wife worked, and every single week was overtime. Plus unemployment insurance and social security. 

 

She tried to avoid that by saying my wife agreed to be an independent contractor which is false. There was no written agreement or documents signed. Plus under the work conditions according to the Equal Employment Opportunity Commission, that work situation classifies as employee, not independent contractor. Thanks for reading

[payxibka 10,045]

7 minutes ago, GRANTMAN1987@GMAI said:

Exactly. She would have to pay 1.5 overtime for all of the extra hours my wife worked, and every single week was overtime. Plus unemployment insurance and social security. 

 

She tried to avoid that by saying my wife agreed to be an independent contractor which is false. There was no written agreement or documents signed. Plus under the work conditions according to the Equal Employment Opportunity Commission, that work situation classifies as employee, not independent contractor. Thanks for reading

I'd be tempted to provide a "placeholder" ssn just to see if she pays up.

[Boiler 45,525]

In practice Employers are the ones most at risk in these sort of circumstances.

[Ontarkie 14,226]

~~Moved to Working and Traveling form K1 P&P - as this is now an AOS working without EAD thread~~

[Lamargrant3787 30]

7 minutes ago, payxibka said:

I'd be tempted to provide a "placeholder" ssn just to see if she pays up.

Oh wow thats a good idea lol cant believe i didn't think about that 👍 i just might try that thanks lol 

[aaron2020 11,651]

35 minutes ago, GRANTMAN1987@GMAI said:

Oh wow thats a good idea lol cant believe i didn't think about that 👍 i just might try that thanks lol 

Please don't do this.  It's not a great idea if the placeholder number is an actual SSN belonging to someone and this person actually reports the income.  You potentially are creating a problem for someone else.  In addition, using a fake SSN could lead to unintended consequences such as identity theft if the number actually belongs to someone.  If you pursue this, then it seems that $1500 is worth more BS.  

Cut your losses and be done.  

[payxibka 10,045]

25 minutes ago, aaron2020 said:

Please don't do this.  It's not a great idea if the placeholder number is an actual SSN belonging to someone and this person actually reports the income.  

Never happen, as anything reported would be rejected due to a name mismatch

[Duke & Marie 1,389]

Please don’t be giving out placeholder SSN, it’s just wrong to create issues for an innocent party... 

 

maybe it’s karma, maybe just try following the rules like everyone else and you wouldn’t be in this situation, just because it’s forgiven, don’t make it right..  

[discoverusa 268]

Just let it go and block her number. It is interesting this woman was only concerned about W9 when time came to filing taxes and she realized she will be disadvantaged. financially Don't buy her threatening. 

[Lamargrant3787 30]

1 hour ago, aaron2020 said:

Please don't do this.  It's not a great idea if the placeholder number is an actual SSN belonging to someone and this person actually reports the income.  You potentially are creating a problem for someone else.  In addition, using a fake SSN could lead to unintended consequences such as identity theft if the number actually belongs to someone.  If you pursue this, then it seems that $1500 is worth more BS.  

Cut your losses and be done.  

Yeah good points. I don't think the lady would pay anyways. The SSN is just her excuse to not pay. If I give her one there will be another excuse