Results 1 to 10 of 23

Hybrid View

  1. #1
    Join Date
    Jul 2012
    Location
    denver
    Posts
    7

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

    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

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Termination After One Week Trial Period of Employment , My Paycheck Being Withhel

    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.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Termination After One Week Trial Period of Employment , My Paycheck Being Withhel

    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.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Termination After One Week Trial Period of Employment , My Paycheck Being Withhel

    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
    :
    Quote Quoting Payment of Final Wages - 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.
    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.

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Termination After One Week Trial Period of Employment , My Paycheck Being Withhel

    I can't wait for the IRS to nail you, LOL. Talk about a whack job.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Termination After One Week Trial Period of Employment , My Paycheck Being Withhel

    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.

  7. #7
    Join Date
    Jul 2012
    Location
    denver
    Posts
    7

    Default Re: Termination After One Week Trial Period of Employment , My Paycheck Being Withhel

    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

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Termination After One Week Trial Period of Employment , My Paycheck Being Withhel

    Quote Quoting RlewisC
    View Post
    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.

    1. Sponsored Links
       

Similar Threads

  1. Replies: 1
    Last Post: 07-14-2011, 11:31 PM
  2. Compensation and Overtime: Company Paycheck Bounced After Termination
    By cg2977 in forum Employment and Labor
    Replies: 1
    Last Post: 07-17-2010, 11:51 AM
  3. Compensation and Overtime: Last Paycheck Withheld Over Car Loan
    By rickjames1011 in forum Employment and Labor
    Replies: 4
    Last Post: 05-08-2010, 12:53 PM
  4. Compensation and Overtime: Can My Last Paycheck Be Withheld After 'Breach of Contract'
    By stert in forum Employment and Labor
    Replies: 2
    Last Post: 07-07-2008, 09:52 AM
  5. Compensation and Overtime: Revocation of Paycheck After Termination
    By cj3561 in forum Employment and Labor
    Replies: 4
    Last Post: 09-10-2007, 07:25 AM
 
 
Sponsored Links

Legal Help, Information and Resources