Hi guys,
I used to work at a restaurant. Its already been two months since I quit my job and my boss hasn't paid me yet. She keeps telling me to come another week. Today I called the cops on them. Apparently, there is nothing the cops can do either. They said its a civil matter and you should go to the court. I told them I was being paid under the table so going to court is not really an option. They told that it wouldn't matter. Then, all of a sudden, my boss calls me and says I need to fill out form 1099. I don't know what that is or what I should be my next step. Should I go to court or state labor department? Any suggestions would be highly appreciated.
Thanks in advance.

I worked at Sultan Restaurant in San Francisco (Owner:Iqbal Hansia). The deal was 900 per month in check + tips. The owner('s wife; family owned restaurant) clearly mentioned that we would get all the tips. I wasn't surprised (given the fact they were Indian) when I was given only $25 when the actual tip was $300+. Like SIS says, it still wasn't a bad deal if I would just get paid. And now I am tired of going there over and over again. So I am going to go to the state labor department and seek their opinion in the matter. Lets see if what they have to say is applicable in my case. But it looks like small claims court is my best option. Houston_kancho, can you please tell me the payment method of your friend? I mean, was it cash or personal check or smth else. Also, if I go to court, I am going to need a lawyer. I don't know how much that is going to cost me.
Also, I think 1099 applies to people like bartenders who are usually paid 2-3 dollars an hour but get to keep all of the tip. In that case, there is a contract signed by both parties before the person starts to work. In my case, I signed no contract. Why would I want to go and sign one now after the termination of my employment (or 9 weeks after the termination of my employment.) I think they just want to scare me. They must have thought using big words like IRS and taxes if going to scare me and I would forget about the money. I am going to get that sonofabitch.

Good time to write a review on Sultan Restaurant in San Franscisco.  Get even with your pen. 

 

http://www.urbanspoon.com/r/6/91525/restaurant/Civic-Center/Sultan-San-Francisco

http://sanfrancisco.citysearch.com/review/46312418?reviewId=42568911

http://www.insiderpages.com/b/15242200169

 

http://www.tripadvisor.com/ShowUserReviews-g60713-d1460452-r49148096-Sultan-San_Francisco_California.html

 

one more review site ..

http://www.yelp.com/biz/sultan-san-francisco

 

dude it will take you months if not years to get your money.  Just file a petition for non payment in civil court and take it from there.  Find a free lawyer..they are all over the place.  Also tell them you will go to all local papers if you have to. 

Write a official letter explain all your woes in detail.  Register and send to them.  Explain you are being forced to knock on the court and local media.  Send that letter wtih a tracking # or make sure you have proof of delivery.  This usually works out without court involved.  If they come to negoting table ask for your salaray and compounded interest on it for the time not paid. 

This thread has been going on too long you have more than enough advices..at this time if I were you I would start my process (whatever it is) or just bite the bullet. 

Brilliant! Now I'm about to pen something about these sobs myself. Good thing you shared the morons' location and reveled their names. I believe a court will provide you with a lawyer if you can't afford one.

Yo dhoti haru lai thik nabanai nahune bhayo. Jata pani Nepali lai pelne. But then again, I've heard of Nepalese who've really underpaid their compatriots too.


Tara ya, you've got our backings bro. Go to the civil court first and take it from there. Tesai chodne ta kurai bhayena ni [Disallowed String for - use not allowed] haru lai.

I have an update guys. I went to U.S. Department of Labor Wages and Hours Division. I talked to a lady over there and she recommended I go to Labor Standards Enforcement in City Hall. So I went over there and talked to one of the investigators. I also explained that I wasn't using my social to work there. He told me that San Francisco is an amnesty city. In San Francisco, everybody is entitled to minimum wage regardless of their immigration status. And its their problem because they were paying you under the table. The court won't ask for any of those details. So, there are two cases. One for paying me less than minimum wage and another for not paying the last three paychecks. The claim came out to be five grands. I and the investigator from City Hall went to the restautant with the audit letter. But they didn't pay. They started to make excuses. So my investigator issued him $500 10 day notice letter. We are awaiting their response. The investigator says, they are unlikely to pay you. So we are planning to file a lawsuit against them next week in the State Court.

jinda baad!!! thats what i am taking abt..

La congratulation ..........

Hope you got paid.

Most Indian/Chinese  restaurant owner pay less and always keep the tips specially  paid by credit card.
Man life sucks.