Can an employer legally withhold my pay check if...
Find answers to your legal question.
Can an employer legally withhold my pay check if...
|
When he hired me acouple months ago I could not find my social security card and so he never got it on file... however, I worked for him for about 2 weeks before I quit and I still have not been able to get my pay check from him for 2 months now because he said that he has to have my social security card copied first... I know that I can order a new one but I would really like to know if it is legal for him to withhold my check from me because of that. If thats the case he shouldn't have hired me or let me start working until he got the card, right?
Also I am white, born in the USA and am legal... I just simply lost my social security card somewhere in my house from moving.
|
 
|
michr
|
leysarob has this correct.
the employer can not hold your pay
their failure to have the required documents in no way mitigates their responsibility to abide by pay-day laws.
the federal laws do not require an employer to make a copy of any documentation many employers do so as a matter of policy but not due to the law.
if the document was used for an I-9 the employer is to actually see the documents in use and failure to do so is a violation for the employer not the employee.
the employee fills out their own W-4 and the employer is not even required to see a social security card.
http://www.irs.gov/pub/irs-pdf/fw4.pdf?portlet=3
they can suspend or terminate an employee who does not provide the documentation but they can not hold the employees pay for any reason.
if the employer refuses to pay you let them know (politely) that failing to pay you by the posted pay-day is a violation that copies of documents are not required for the I-9 or W-4 and you will immediately file a wage complaint with the department of labor.
EDIT: a social security card is not even required for the completion of an I-9 there are a number of documents that can be used. http://www.uscis.gov/files/form/I-9.pdf |
|
leysarob
 |
No. He cannot withhold your pay -- but you're at fault as well for not providing the documentation he needs. Get the card to him and get this over with. |
|
Nina
|
They have recently cracked down on employers to stop them from hiring illegal immigrants. Your employer faces serious fines if they pay you without the proper documentation. You're just going to have to wait until you get a new social security card. |
|
ms.righteous
|
since the answer above says it's legal, why don't you go to your nearest social security administration office to ask them to look it up for you. i'm not sure if they actually can, but give it a try. |
|
Heather
 |
Yes, it's legal. They cannot give you a paycheck until they see your actual social security card and make a copy. It's federal law that all employees must complete an I-9 Employment Eligibility form and until that's completed and they have seen your social security card they have to withhold your pay check. And yes, you're right that he shouldn't have allowed you to start working before seeing your card, but federal law states that employees have three days from the date of hire to show their social security card so it wasn't illegal of him to hire you before seeing your card.
Now you need to go to the social security office and order a new card which will generally take 7-10 business days to arrive. |
|
danny14551
|
Yes it is legal for him to not pay you. Until you produce the card he can not add you to pay roll--so you were never actually added. He needs your number so taxes can be taken out, etc. If you want your paycheck you need to give him the card. It was perfectly legal for him to hire you, but even if you worker 2 months you would not have seen a paycheck without having the SS card for him to copy. And I think you only have 4 months from the time you quite to produce it or he legally does not have to pay you at all, it may depend on your state but I know for a fact in NY that it is true (I have actually done it and it is legal) |
|
tonalc2
|
He can't legally pay you without your social security number on file. |
|
MeInUSA
|
YES he can withhold the check ..go find the card and take care of it.. |
|
|
|
|
|
 Is this Job discrimination? |
| If I have a warrant for my arrest out of state-can an employer legally not hire me if i disclose it?... |
|
 Is my colleague entitled to her bonus? |
im a newly appointed shop steward and need some help with this.
our employer introduced a bonus scheme that said if you were not late or absent for 3months we would get a bonus the exceptions ... |
|
 Could I be fired for this??? |
| Everyone knows money is tight. I was considering getting a 2nd job a few nights a week, until a co-worker told me to be very careful that I don't get caught because it would be grounds for ... |
|
 Can a salaried worker receive a pay cut? |
| My husband works for his father at his automotive repair shop as the office manager. He is salaried, but his parents still make him punch in and out so they can "tally" his hours. His mom ... |
|
 Law enforcement career? |
| I am 16 years old and i am looking into a law enforcement career some were on the lines of a fbi agent, csi, or something big in law enforcement. But i dont know what i need to get to that point in ... |
|
 Why do people make fun of other people? IT'S STUPID!!? |
| Sticks an stones can brake my bones, but words never mind me.... |
|
 My Dad's employer demoted a group of employees with same titles with half the pay, but same job descriptions.. |
| My Dad works for an agency that works for the federal government. He was a Quality Control Inspector. A month ago, the group was taken over by another agency after a bidding process that they go ... |
|
 In NJ can I collect unemployment if I am no longer able to perform my job? |
| I just found out that I am pregnant and my current job requires me to lift heavy objects. Can I collect unemployment if I leave this job because I can not lift heavy objects anymore?... |
|
 I've been looking for a job since HS, now in college still jobless, do u think im being discriminated against? |
| I feel discriminated against because of my disability, and according to the disability act I should not be. I feel hopeless going on interviews after interview that my high self-esteem is slowly ... |
|
 What is the formula to calculate the sick leave.? |
| How do you calculate sick leave and what is the formula to arrive at a % age.... |
|
 Can an empoloyer's human resourses visit you while sick? |
My partner is off sick, been 2 weeks, and doctor signed off for another 2.
She is really sick and its not a work dodge, first time in about 15 years.
Now the HR manager wants to do a home ... |
|
 The hippa law has my rights been violated? |
| an ex friend informed me that an employee she hates has herpes. she accessed this information checking this woman's medical records at the same hospital they work at. ( this ex friend hates this ... |
|
 I have a bit of a speech difficulty and I was wondering if this makes me a 'retard' and...? |
I have a bit of a speech difficulty and I was wondering if this makes me a 'retard' and if I could technically claim some sort of disability allowance.
I live in the UK lol ... |
|
 What kind of doctor should I be? |
I want to have my own practice.
I like kids.
I like needels.
I like helping ppl.
and I want something that doesn't take over 8 years for school.
Thank you!... |
|
 Does my current employer have any legal rights to jeopardise my job at a new place? |
| Somebody I manage at work has falsely brought a grievance of physical assault against me. To support his grievance he has put forward a fake witness. After the alleged incident I received a job ... |
|
 Off sick four times in a year and its a disciplinary matter? |
| I was off for about six days in total due to a bad chest infection. I made the mistake of trying to get into work to show willing but it was a no go and I was off on three separate occasions. My Boss ... |
|
 I lost my job, do i still get paid for my vacation and my sick days that were left? |
| i got fired and im currently awaiting my payout check...my boyfriend says that i will still get paid for the vacation time and sick days i have left but my dad says he's not sure...can anybody ... |
|
 I am getting written up because I got injured outside of work. Is this right? |
| I am being written up at work for injuring myself in a kickboxing match outside of work and calling in. Is this fair and should I refuse to sign it? I know of some co-workers who no show and never ... |
|
 Can my job fire me for recently developing a temporary disability? |
| I was in a car accident this year. The accident caused me to have a spinal injury. Because of the injury, I have developed a disability- ie: I have acute paralysis, causing numbing in my legs and ... |
|
|
No Spam
Adult 
Gambling
Unfinished
Deception
Plagiarism
Not English
