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Family Business - Son as worker not being paid Pennsylvania

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  • Family Business - Son as worker not being paid Pennsylvania

    Dear Labor Law,

    We've been running a t-shirt and embroidery business for almost 5 years. After my father hired me on, I'm not paying taxes, nor am I getting a check. All the bill are being payed for. I'm 21 and my father is claiming he does not know how much we made in the past two years. I think that is a straight up lie, he has an accountant and i'm sure he receives reports. I work hard to keep it running, and last year we did not spend 1 dollar out of our own pockets to keep it running it's paying for itself. I'm being taken advantage of and I'm sick of it, is this legal? I understand I'm his son, but this is cruel and I'm being lied to, I'm not asking for a big salary a normal pay, minimum wage at least. No one wants to work for free, or would work for free, i've been working for free for the past 5 years. What are the laws on this, and is this legal? Is there someone I can talk to about this??? Help~! email
    Last edited by GaryK; 02-17-2010, 07:56 AM. Reason: Removed email

  • #2
    Can't respond right now (a tad busy at work), but please remove your email address from your post. None of the responders here are going to contact you on your personal email, and the best that could come of it being here is spam.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      Can someone help?

      I need some laws or answers here. Thank you

      Comment


      • #4
        Originally posted by GaryK View Post
        I need some laws or answers here. Thank you

        This is not Time-Life Books with responders available 24 X 7. YOU need to be patient.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Gary, the responders here are all volunteers who do this in their spare time when they have a chance, juggling with their jobs, families and other responsibilities. If this has been going on for five years, you can wait another couple of hours until someone who knows the answer or has time to do your research for you has a free minute to post. Okay?
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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          • #6
            Thank you

            I understand. Thank you

            Comment


            • #7
              This is going to be a very soft answer. I have never worked for a family owned business and never had a reason to research this point. I know a few family related labor law rules, but none of them are much on point.

              - If you file a wage claim for MW and OT, it is likely to be a valid claim under law. The only real exception I can see is that you are legally a partner and not an employee. Not impossible but there is more to that situation then just saying so.

              - Doing so will probably brass off your family permanently. I would suggest that you need to find a different job with another employer.

              I am not saying that you should or should not file the wage claim. Your decision, and not the type of decision that I like giving advise on in a family situation. I am saying that you should start looking for that other job with a different employer today. This is just me, but I would have been out the door the day I turned 18.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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              • #8
                Reply

                Thanks for the answer, I've been working here for 5 years without a pay check. I'm supposed to be the owner of this business but am not getting anything out of it. I feel like I'm being lied to by my own family and it's disappointing, I've been looking for other jobs in the industry someone who would appreciate the work I do. It's hard with my severe back issues, such a mobility and things, I have scoliosis of the spin and it hurts. It also hurts not being thanked for the work I do, from my own family... There is 0 employees here besides me and my dad and cousin, so what am I the owner? If that's the case I should be able to see what we are making, and if my father can actually afford to pay me. After hiring my friend at his other business for $11.00 an hour that made me frustrated, that his other business is doing well enough to pay my friend, but not me. I don't understand any help would be great. I'm putting my new resume out into the industry - Thanks again for the quick response.

                Comment


                • #9
                  [QUOTE=GaryK;1111353]I'm supposed to be the owner of this business but am not getting anything out of it. QUOTE]

                  Are you the legal owner or not? https://www.corporations.state.pa.us...p?corpsNav=%7C
                  Don't feed the trolls.

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                  • #10
                    If your name is not on the paperwork defining ownership, ie partnership, limited liability corp, S-corp, etc...you are not the "owner".\
                    If you have not been filing tax returns with your SSN on the business return..you are not the ''owner''.

                    Even though your father owns the company, and you are working there...it's kinda difficult after five years to come back claiming you were not paid as an employee. You could file a complaint with the PA dept of labor, and follow the steps involved in bringing charges appropriate to the actions your father has taken here.

                    If you were owed wages for that time, your father could be held liable for the taxes, FICA with holding...both your contribution and his as the employer.
                    Basically, as the son of the owner, you should have had a understanding as to employer/employee relationship, and wage agreement.
                    I'm supposed to be the owner of this business but am not getting anything out of it. I feel like I'm being lied to by my own family and it's disappointing,
                    Clear this up with your father. If you are legally the owner of this company... you should be filing the tax returns..at the very least, to support your claim.
                    You would also have licensing obligations,
                    Insurance obligations...ie workers compensation, general liability.
                    You'd be liable for utilities...not to mention the lease on your business site.
                    There is 0 employees here besides me and my dad and cousin, so what am I the owner?
                    I think there is more to worry about here than your minimum wage concerns. Talk to your father before you go off half ****ed to the government.

                    Comment


                    • #11
                      Tough one, remember that if you do file a wage claim your relationship with your family is tossed.

                      I would give the same advice as the others. Try talking this out with your family first.

                      May I ask...how do you support yourself if you are not receiving any compensation? Are you living with your parents? Do they supply you with food and other accomodations? I'm going somewhere with this, it could be the difference between the coorect answer and a presumption, unless I am mistaken.
                      Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

                      I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

                      Comment

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