Would he win this case in small claims court? Opinions HIGHLY needed please.

Ann S

New member
:::SHORT:::? IN ILLINOIS. So, my husband and his friend hanged drywall for a guy who was acting as the 'sub contractor' for a drywall hanging business. He said what he was going to pay my husband and this guy and they agreed to do it. On the way to pick up the money.. days after the work was already done.. the guy said "oh im taking 100$ cash off the top each of yours money to cover the taxes im going to have to eat" Taxes were NEVER mentioned and even if they had been... this guy who was the sub contractor.. hired out my husband and this other man to help him hang the drywall.. so wouldn't he have had to have them fill out a W-2? for tax purposes? So instead he said well ill just take out 100$ This guy is not licensed AT ALL... btw. My husband is upset because 100$ was way to much, they made under $400, plus he has a very small % taken out for taxes considering he is the sole provider with three kids under his name. He wants the rest of the money, granted we know it will cost more to file than he would even get back, but its the principle..this guy has been ripping men off for years so my husband finds out. Is this something you think he would win?
 
Well if he is working "under the table" I.E not filling out a W2 and what not then he has no recourse. Also if he did not sign a contract he is kinda SOL. You seriously need to get any contract in writing.
 
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