My brother has worked for my father at his business (pool hall/billiard in Tappan, NY) for the past 3 years. He finally quit in Aug. 2009 because my father would not pay him. However, my father did file employee taxes on him and has gotten 3 years worth of W-2′s so my brother does have proof he did work there, he was just never paid. Also, the W-2 says he earned about 000 a year when he made nothing and worked 12 hour shifts (open-close) EVERY single day for 3 years including holidays like Thanksgiving and Christmas. The only proof that he never had gotten paid are that there are no business/wage checks issued to him nor any cash paid to him (from either the business or my father’s personal accounts).
He has been living at his house from the time he quit until now and is being evicted so he needs money to pay for a deposit on an apartment while looking for a job.
Do you think it’s plausible to sue my father for the wage he never got?
My brother is not a minor and was of age when he started to work for my father. He was also listed to the department of labor of NY as the only employee working at the time.
He has also gotten a W-2 for three years and my father’s accountant filed my brother’s income taxes for my father for 2 years and he refuses to give my brother the W-2 for 2009 so that my brother can’t get the refund.
As for a written contract, there was no written contract only a verbal one. There is no time card either since he was the only employee there.
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