Cash in hand and now I have quit

adam90

Hi all
Does anybody here have any experience of how I can proceed to deal with an employer who had been paying me cash in hand, no payslips given or any other record for the past few months. I was having some personal problems and so there were a few ocassions where I wasn't putting in as much effort as I could and had a few days off work to try and sort my head out.

After they told me that I needed to improve if they were to keep me I decided I had enough and quit by sending them a text message. Now they have said I didn't give them the minimum notice and left them stuck as I only let them know on a Sunday evening before a job was to start on the Monday morning. So for this reason they won't pay me the week they owe me.

I have sent them a text to say they better pay me or get their paperwork in order but I don't really know what to do from here. They haven't replied to my text. What type of proof do I need if I have to take this to the Labour court or the small claims court? Any past experiences would be very welcome.

Thank you in advance
Adam

Frynge

It depends on how long your worked there. If it was less than 13 weeks you are entitled to be paid but if you left them without notice you will suffer a financial loss.

Generally we would take 5 days of their holiday entitlement to cover any notice period, unless there was no entitlement left in which case any money owed would probably be held back to cover a the notice period.

The fact that you were paid cash doesn't mean you were paid "cash in hand" you might be on the books and your method of payment is cash.
Also did you ever request a payslip?

Just on a side note why did you quit by text message, i find it to be the most rude disrespectful thing to do. Text messaging in not an effective means of communication for important things.

adam90

Thanks Frynge for your reply
I had been working with them for about 6 months on and off, sometimes, there wasn't any work for me and it suited me so I could do some of my own stuff, especially during the summer as there was farm stuff to be doing. They were fine about this when I asked them for the time off.

I know I wasn't on the books and I never asked for a payslip because I was just happy to do the work for them as the hours suited me and I could get picked up and dropped off without spending any of my own money on travel to work.

I made the decision that night to quit and let them know by text, they told me that I wasn't putting enough input into my job and they been told by another person there that I was just standing around talking to other people and not doing anything myself. I don;t think is true. According to them this was causing them to be behind in their schedule and they wanted me to work harder. So I was annoyed after they spoke to me decided to quit. They also said that one of the days I worked and got paid for was to be paid back to them as the work I did was of low quality and they had to get somebody else to redo it!!!! Needless to say I did not repay them.

But I didn't realise they wouldn't pay me for the few days I had just worked and want to know if they can get away with this or if anybody here has been in this situation and what did they do?

Would there be any point in calling NERA, I have looked at the NERA website and wonder if this is the place to go? Has anybody here been in a situation like this?

Thanks
Adam

Mrs OBumble

Have you declared the income to Revenue? Or will you since it's all this financial year?

adam90

Mrs O'Bumble
I haven't declared it yet as I have only just quit and I am not down as self-employed so don't send in tax returns. I will have to see about it once I sort how how I am going to get the week I am owed.

Adam

Frynge

personally i would never recommend getting NERA involved as they are a nuisance to deal with from an employers pov.

I'm not sure NERA would be able to help you out in this matter as you were not officially employed in the job.

From what you describe you wouldn't have been entitled to much anyway. Might be better to put it down to expierience and move on. Maybe don't take such a job in the future.

By the way were you claiming any benefits at the same time? you could be liable for prsi and usc to revenue if you make a complaint.

adam90

Thanks Frynge

I wasn't claiming any social welfare benefits at the time, but would it not be the employer who would become liable for the prsi and tax and have to pay it on my behalf?

If I contact NERA could I prove I was working for the employer by giving NERA the names and numbers of other people who would also have been at some jobs while I was there? Or is there any other way I can prove employment with them so I can get my week in hand off them?

Thanks again
Adam

Frynge

The company would also be liable for er prsi. If you made a complaint to revenue they would keep it on file i think. I don't think revenue are too quick to follow up on vendetta complaints unless they have quite a few of them. Revenue would get the company in trouble but still wouldn't get you paid

I would reckon you have no hope of getting paid also i would think your not owed the money per sae.

Why did you agree to such a set up in the first place?

adam90

I took the job because as I said before it was very handy not to have to pay travel expenses myself and also because there are not many jobs in the area I live in.

At this stage I am not worried about getting the employer in trouble with whatever body will listen to my complaint, even if this means I do not get my weeks pay.

I thought somebody on here might have been in the same situation at some time and may be able to give me an idea of how this will work.

Also on how I can prove this employment existed when I don't have payslips or any bank or cheque payments made to me.

Thanks
Adam

JayEnnis

Word spreads fast, don't be that guy that gets revenue onto his employer or you may not ever have a job in that industry/area again.

You've left yourself open to abuse by not being registered as being employed with them. I'd chalk it down to experience and try find something else.

Chattastrophe!

It would have to be determined whether you are viewed as an employee or a contractor. If it came to it, your employer could probably make a decent argument that you were a contractor (basically working hours that suited you with no set hours or wage, etc.) In which case you are fully responsible for your own taxes. So you might just be causing problems for yourself by reporting them to Revenue etc.

You've admitted yourself that you weren't exactly a model employee. And quitting without notice was a really crappy thing to do. You've gotten several months tax-free wages out of it, without even having to pay travel costs. For the sake of a few days pay ... would you not just leave it and move on.

Be aware that, even as it is, chances are you might have trouble getting work in the same industry locally - word gets around very quickly. Don't drag it out and make it even worse for yourself.

Mrs OBumble

I'm kinda picking that you don't have a letter from them offering you the job.

So I'm struggling to see how you'd prove anything. Even though other people saw you there on the sites, they had no way of telling if you were an employee, a subcontractor or a job-bridge intern.

adam90

JayEnnis wrote: »

Word spreads fast, don't be that guy that gets revenue onto his employer or you may not ever have a job in that industry/area again.

You've left yourself open to abuse by not being registered as being employed with them. I'd chalk it down to experience and try find something else.

Surely the employer can't say anything about me that is untrue or I could take them to court for slander, couldn't I?

Chattastrophe! wrote: »

It would have to be determined whether you are viewed as an employee or a contractor. If it came to it, your employer could probably make a decent argument that you were a contractor (basically working hours that suited you with no set hours or wage, etc.) In which case you are fully responsible for your own taxes. So you might just be causing problems for yourself by reporting them to Revenue etc.

You've admitted yourself that you weren't exactly a model employee. And quitting without notice was a really crappy thing to do. You've gotten several months tax-free wages out of it, without even having to pay travel costs. For the sake of a few days pay ... would you not just leave it and move on.

Be aware that, even as it is, chances are you might have trouble getting work in the same industry locally - word gets around very quickly. Don't drag it out and make it even worse for yourself.

I just want my week in hand, I can say that I wasn't aware that they were not paying taxes for me?

Mrs OBumble wrote: »

I'm kinda picking that you don't have a letter from them offering you the job.

So I'm struggling to see how you'd prove anything. Even though other people saw you there on the sites, they had no way of telling if you were an employee, a subcontractor or a job-bridge intern.

I don't have a letter of offer from them, I got the job because a friend recommended me to them. Would NERA not go and visit them if I was to call them and tell the them what has happened?

Thanks
Adam

Jim2007

adam90 wrote: »

I just want my week in hand, I can say that I wasn't aware that they were not paying taxes for me?

You can say what you like, but remember that the Revenue etc… have been playing this game a lot longer than you and they have heard it all before.

You failed to give anything remotely close to reasonable notice, so I doubt you have a leg to stand on as regards a wages claim. I'd expect the most that would happen is you end up paying taxes on the income you have earned and the employer gets a slap on the wrist.

Frynge

Are you trying to ignore the fact that you were in the wrong. You shouldnt have left without working your notice out.

Duiske

adam90 wrote:

Surely the employer can't say anything about me that is untrue

It's a bit rich to be holding the company to high standards when you are perfectly willing to be untruthful yourself in order to secure a favourable outcome.

adam90 wrote:

I know I wasn't on the books and I never asked for a payslip

adam90 wrote:

I just want my week in hand, I can say that I wasn't aware that they were not paying taxes for me?

You should just take the hit and consider it a lesson learned.

The_Pretender

adam90 wrote: »

Surely the employer can't say anything about me that is untrue or I could take them to court for slander, couldn't I?

Well reporting them to the revenue wouldn't be untrue if you actually did, and considering you did leave them in the lurch by quitting by text that's not untrue, and they're big points your former employer would be stressing to others.

adam90 wrote: »

I just want my week in hand, I can say that I wasn't aware that they were not paying taxes for me?

So in other words, lie.

the_syco

adam90 wrote: »

because there are not many jobs in the area I live in.

Once you're okay with not getting any work in your area again.

adam90 wrote: »

Surely the employer can't say anything about me that is untrue or I could take them to court for slander, couldn't I?

All they have to do is say that

adam90 wrote: »

I didn't give them the minimum notice and left them stuck as I only let them know on a Sunday evening before a job was to start on the Monday morning.

and not many will employ you. As for Revenue, all the company has to say is that you worked as a contractor, and then tried to get the company in trouble.

Either way, you don't get your last weeks money.

But if you try to get even, it will probably blow up in your face. You say it's hard to get work in your area now? You f**k things up, and you'll probably find it impossible to get a job again in your area, never mind industry, esp if it's mainly a cash-in-hand industry (ie; most people are contractors).

stevenmu

I think the first thing you need to do is find out what employment status you had with them, if you were an actual employee or a subcontractor etc, and find out what state your tax affairs are in.

If you are planning to claim welfare now that you're not working for them, they will want the details of your previous employment, and how you left etc.