A Supervisor Is Throwing Away Paystubs - Is This Legal

[ashlex]

I live in Sacramento, CA. I get direct deposit so every two weeks when I get paid I am supposed to pick my pay stub up in the office. If any paystubs are there two weeks later, by the next paycheck, a supervisor will throw the old one way. Is this illegal? most of the time I remember to pick it up but when i don't, I'm finding out that it's been thrown away. I heard that they either have to leave it there or send it to my home. This guy is from out of state and I'd really like to set him straight if he's wrong.

[PattyPA]

Stupid supervisor. Best payroll practice is that any unclaimed pay documents be returned to payroll if they are not retrieved within a day or two. California law requires that you be provided with a paystub. Can you ask that they just mail it regularly? Or better yet, don't "forget".

[ashlex]

it doesn't matter if i forget or not. i'm just asking if what he's doing, without anybody's permission, is illeagal.

[ashlex]

What responsibility do I have to take? This is a place to ask a question and to get a question answered. Not for PattyPA to tell me to grow up and that I'm irresponsible. Maybe you should take your own advice.

[mitousmom]

Yes, it's legal to throw away a pay stub that was made available to you for at least two weeks that you didn't show due diligence (legal term for responsibility) to retrieve.

[Bamboonga]

Actually...I think that might be illegal for the same reason it's illegal to take somebody's personnel file and chuck it in the trash without shredding it first.

Talk to an attorney if it's that important to you - be sure to let them know what (if any) confidential info is on them - they're not allowed to put your SSN on there anymore as of the first of this month but if it has your bank and routing/account numbers on there, it's almost as bad. Seriously, you should try to safeguard that stuff even if your employer is in the wrong...getting your identity back would be a headache even if you do have the option of suing later.

[Mr. Knowitall]

That's a pretty loose use of the term "illegal". The question was not whether there might be a theoretical privacy tort if somebody intercepted the paystub and derived confidential employee information, but was whether it is against the law for an employer to dispose of paystubs if they are not collected by an employee within a specific time frame.

[mlane58]

Actually...I think that might be illegal for the same reason it's illegal to take somebody's personnel file and chuck it in the trash without shredding it first.

Talk to an attorney if it's that important to you - be sure to let them know what (if any) confidential info is on them - they're not allowed to put your SSN on there anymore as of the first of this month but if it has your bank and routing/account numbers on there, it's almost as bad. Seriously, you should try to safeguard that stuff even if your employer is in the wrong...getting your identity back would be a headache even if you do have the option of suing later.

There isn't anythin under Californis Labor Code 226 that makes any reference to a discarded paystub. All it states is:

Every employer shall, semimonthly or at the time of each
payment of wages, furnish each of his or her employees, either as a
detachable part of the check, draft, or voucher paying the employee's
wages, or separately when wages are paid by personal check or cash,
an accurate itemized statement in writing.

Doesn't state anything about what happens after.

[Bamboonga]

That's a pretty loose use of the term "illegal". The question was not whether there might be a theoretical privacy tort if somebody intercepted the paystub and derived confidential employee information, but was whether it is against the law for an employer to dispose of paystubs if they are not collected by an employee within a specific time frame.

So you believe the employer here isn't leaving themselves open to a possible lawsuit? The question was whether or not the supervisor should stop this practice, with regards to exposing his/her company to legal action. In my opinion, it leaves his organization vulnerable to a lawsuit. If you, as this supervisor or his/her employer, would be comfortable with this practice, to such an extent that your career could handle such a hit (if it were discovered by the employer), then more power to you. I wouldn't expose my company to that kind of risk when I consider how much space a paycheck actually takes up - 20 years of paycheck stubs probably wouldn't fill up more than a couple document boxes.

Consequently, if you ever get a test tube filled with a red substance mailed to you, throwing it in the trash might not be your best legally-minded move, even if it turns out to be raspberry crystal light. You don't really know what you're throwing away or how it could be used - neither does this person's supervisor.

[aaron]

I realize that you have a problem with Mr. Knowitall, but I am tired of seeing you trying to pick fights. Please stop. Now. Thank you.