Termination After One Week Trial Period of Employment, My Paycheck Being Withheld

[RlewisC]

My question involves employment and labor law for the state of: Colorado

Hi- I was "hired" at a granite shop under a verbal agreement it would be a trial period for a week to see my experience and decide on hiring me and then settling on my hourly wage. Well, at the end of the week and 37 hours later, he texts me and says he is unable to hire me. He told me to come to his office and pick up my paycheck. Well, after a few nasty texts with eachother, he my employer then decides to ask me for my w-2 information , SS# , copy of drivers license , etc....and tells me I can pick it up from his attorneys office.

He never had me sign a thing on day one of work, not even an i-9 (us citezenship)form, nothing. No paperwork was done on me. So I worked for him for a week and he decides not to hire me and is now demanding that I report the w-2 info to him in order to get my $444 check.

I am refusing, saying that I don't have to give him any information upon his convienence for his w-2 records or whatever, I am not employed by him, he never officially hired me. So, I reported a claim against him at DOL in colorado that he is refusing to pay me. AND, is asking me to pick up the check from his attorneys office, both illegal, ...right?? I spoke with two gentleman at DOL and they both said he had 24 hours to pay me regardless of the w-2 infoI don't have to offer it up , The i-9 form alone he never even collected on me (within 3 days is the law) is this true to your knowledge?? My general question is: Is my employer breaking the law by not paying me under this arangement we had ?? Thanks so much for your time! RLC

[jk]

I worked for him for a week and he decides not to hire me and is now demanding that I report the w-2 info to him in order to get my $444 check.

well, he did hire you for one week. Since you were an employee, he needs your information to be able to tax you properly and pay the gov properly. If you want the money you earned, give the info he needs to fulfill his legal obligations.

I spoke with two gentleman at DOL and they both said he had 24 hours to pay me regardless of the w-2 infoI don't have to offer it up

seriously? Then file a complaint.

I am refusing, saying that I don't have to give him any information upon his convienence for his w-2 records

It isn't for his records. It's so the tax withheld will be the proper amount and it will be reported to the government under your name.

[cbg]

FYI, if you do not provide I-9 information (granted, he is late asking for it) if I remember correctly he is not ALLOWED to pay you. So it's to your benefit to do so, whether you like the idea or not.

You were an employee for a week. He is legally required to pay you for that time. Yes, he should have gotten that information from you sooner. But he's not breaking the law NOW by asking for it; he would be breaking the law if he failed to do so.

He's covered himself by asking for it, albeit late. Now, if you do not get properly paid, it's on your head, not his.

[aaron]

The employer should have required the W-4 and I-9 to be completed prior to your starting work. I'm not sure what the employer had in mind with this "trial period", but it was (at best) sloppy of him not to require the documentation in advance.

The DOL makes part of this easy:

When an interruption in the employer-employee relationship by volition of the employer occurs, the wages or compensation for labor or service earned, vested, determinable, and unpaid at the time of such discharge are due and payable immediately, EXCEPT:

• When the employer's accounting unit, responsible for the drawing of payroll checks, is not regularly scheduled to be operational, then the wages due the separated employee shall be made available to the employee no later than six hours after the start of such employer's accounting unit's next regular workday.
• If the accounting unit is located off the work site, the employer shall deliver the check for wages due the separated employee no later than twenty-four hours after the start of such employer's accounting unit's next regular workday to one of the following locations selected by the employer:

a) the work site,
b) the employer's local office,
c) the employee's last-known mailing address.

Note: It is the policy of the Division of Labor that mailing of wages due to a separated employee is acceptable when the postmark is dated within the specified time periods as described above. For example, an employer with an off-site accounting unit may mail wages due to the separated employee via regular mail as long as the mailing is postmarked no later than twenty-four hours after the start of the accounting unit's next regular workday.

So you can bring a wage complaint over the late payment. But you can reasonably expect that, by the end of that process, you'll have to provide your ex-employer with the information he needs to report your earnings to the IRS.

[jk]

here is what the state actually says about pay when the employer terminates the relationship:

Termination of Employment by the Employer

When an interruption in the employer-employee relationship by volition of the employer occurs, the wages or compensation for labor or service earned, vested, determinable, and unpaid at the time of such discharge are due and payable immediately, EXCEPT:

• When the employer's accounting unit, responsible for the drawing of payroll checks, is not regularly scheduled to be operational, then the wages due the separated employee shall be made available to the employee no later than six hours after the start of such employer's accounting unit's next regular workday.
• If the accounting unit is located off the work site, the employer shall deliver the check for wages due the separated employee no later than twenty-four hours after the start of such employer's accounting unit's next regular workday to one of the following locations selected by the employer:

a) the work site,
b) the employer's local office,
c) the employee's last-known mailing address.

Note: It is the policy of the Division of Labor that mailing of wages due to a separated employee is acceptable when the postmark is dated within the specified time periods as described above. For example, an employer with an off-site accounting unit may mail wages due to the separated employee via regular mail as long as the mailing is postmarked no later than twenty-four hours after the start of the accounting unit's next regular workday.

depending on the situation, that could allow a considerable amount of time before he must issue the pay.

Beyond that, the fact you were told to pick the pay up from his attorney, it suggests there is much more to the situation.


and it appears he initially offered to give you your pay immediately:

He told me to come to his office and pick up my paycheck. Well, after a few nasty texts with eachother, he my employer then decides to ask me for my w-2 information , SS# , copy of drivers license , etc....and tells me I can pick it up from his attorneys office.

Why didn't you just go pick it up then? I suspect there is a reason for his actions. If you caused the difficulty, the employer is not going to be penalized for your actions.

[RlewisC]

Thanks for all the feedback. As it was a trial period of one week, I was never really an employee. I can see, after one week, if he decided to keep me, absolutely I would file and give him info for w-2, no problem. I know he is not worried about taxes. He pays employees cash occasionally and obviosly doesn't remove taxes from those payment. So, it's basically out of spite that he has handed this over to his attorney to handle it. Its over $444, who knows what the attorney will drag him thru financially. I just know many small biz pay people here and there with private or personal checks for work done without deductions, or if someone was not hired, whats the concern for suddenly wanting my w-2 info. Transparent say the least. So, as I said I filed a claim and we will see what DOL can do about it, according to them he had to pay me within 24 hours. period. I have read the colorado sections about wage laws that some of you posted, so thanks for that, sort of helps. Does anyone know what his attorneys loophole here is?? Thanks again so much,..RC

- - - Updated - - -

Also, This guy is a real whack job. On the first day I told him I had a doctors appt and that I would appreciate a couple hours off. He asked WHY ? He actually asked me why I had a doctors appt. Is that legal?? Boundries please, just common sense rude. And, before that happened, I was talking to the receptionist that pre-interviewed me , she works in the showroom, and when I mentioned I had a therapist, she said, "oh, don't tell him that", "he won't like that", or something to that effect. Incredible, is that not discrimination about to happen or what?? Anyway, how much money do you think he is throwing at his lawyer over this silly incident?? My check is only for $444 so I'm expecting to just keep dragging this out,....more money for the attorney, nothing off my butt...Thanks, RLC

[jk]

RlewisC;633993]Thanks for all the feedback. As it was a trial period of one week, I was never really an employee.

yes, you really were an employee. but let's say you weren't. That means you cannot utilize the services of the DOL because the other option for you is an independent contract and the DOL does not deal with that.

I know he is not worried about taxes. He pays employees cash occasionally and obviosly doesn't remove taxes from those payment.

Obviously? How so? Just because a party is paid in cash doesn't mean taxes are not withheld from the gross income. I know many businesses that pay in cash and are completely on the up and up.

I just know many small biz pay people here and there with private or personal checks for work done without deductions, or if someone was not hired, whats the concern for suddenly wanting my w-2 info

. because you were hired. It was for one week but you were hired.


.

So, as I said I filed a claim and we will see what DOL can do about it, according to them he had to pay me within 24 hours. period.

you need to read the citation previously posted. There is a 24 hours time period in there but it is simply not what you are claiming. Have you even been to the attorney's office to attempt to pick up the money? It was apparent he attempted to pay you since he told you to come to his office to pick up your pay.

What were the emails concerning that resulted in him telling you to go to his lawyers office?

. Does anyone know what his attorneys loophole here is??

No but I have my suspicions and they all tend to suggest the lack of payment is due to your failure to provide needed information.

Also, This guy is a real whack job. On the first day I told him I had a doctors appt and that I would appreciate a couple hours off. He asked WHY ? He actually asked me why I had a doctors appt. Is that legal??

fricken right it's legal. He did not have to give you any time off. He could have fired you for not working that day.

and when I mentioned I had a therapist, she said, "oh, don't tell him that", "he won't like that", or something to that effect. Incredible, is that not discrimination about to happen or what??

since nothing happened, no, it isn't. If something happened later about it, it might be but way too little information to even start guessing what may or may not have happened.

Anyway, how much money do you think he is throwing at his lawyer over this silly incident??

maybe nothign, maybe $1M. it is irrelevant.

My check is only for $444 so I'm expecting to just keep dragging this out,....more money for the attorney, nothing off my butt...Thanks, RLC

You are the one wanting your money. Once you start dragging this out, you lose because now the reason you aren't being paid is you.

[cbg]

You can call it a trial week; you can call it a toaster; you can call it Gary. You can call it anything you like but it doesn't change what it was - it was employment. Only one week of employment, but you were definitely employed for that one week; he is required to pay you; he is required to request your W-4 and your I-9 information. Calling it a "trial week" does not change any of that.

[RlewisC]

Ok, he said the check has been prepared for two days now,...I'm wondering how is it prepared properly without knowing my deductions and withholdings? It's a total hipocracy. Without the info he needs, it should not be prepared at all. He said at 37 hours at $15 an hour is $555 and after deductions it's $444. Very confused, how can he make the $111 deduction without my filling out a w-2?? anyone ? Thanks

[jk]

Very confused, how can he make the $111 deduction without my filling out a w-2?? anyone ? Thanks

he guessed.

I would suspect he simply used a single person with one exemption for the purpose of calculation of taxes. He still needs your social security number, address, and whatever so the taxes he withheld can be credited to your account with the IRS and state treasury.