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  1. #1
    Join Date
    Feb 2017
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    1

    Default Does an Employer Have to File Tax Paperwork to Pay You

    My boyfriend worked for an employer for 2 days. The boss was went back on his word and couldnt give straight answers so my bf left the job. Now the boss is saying he cant pay him until he files paperwork that is normally done before you are hired. This company is a local contruction business and consists of 1 boss/owner. We have pictures of timecards stating he worked. Trying to figure out how to get paid and move on.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
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    24,521

    Default Re: Does an Employer Have to File Paperwork to Pay You

    Did your boyfriend fill out a W-4? If not, I suspect that's the paperwork that your boyfriend (not the employer) is being requested to "file".

  3. #3
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Does an Employer Have to File Tax Paperwork to Pay You

    The answer to whether the employer may legally refuse to pay the wages owed depends in part on the state in which your bf worked and you did not indicate the state. But the answer is very likely no, the employer cannot refuse to pay in order to get the employee to fill out tax “paperwork.” The employer should have required whatever paperwork needed to be done before the employee spent even one minute doing actual work. But the practical thing for your bf to do may well be to complete the forms and get paid regardless of whether the employer is right in refusing to pay until he does.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Does an Employer Have to File Paperwork to Pay You

    That and possibly also an I-9.

  5. #5
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Does an Employer Have to File Paperwork to Pay You

    W-4 and I-9. But that doesn't mean he shouldn't be paid. If the employer pays now without the I9 he will be breaking the law that requires the I9. If he doesn't pay he will be breaking the wage laws.

    In either case your boyfriend should just go and complete the paperwork or at least offer to before he takes it to the state or federal DOL.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Does an Employer Have to File Paperwork to Pay You

    If he worked there for less than three days an I-9 is not required.

  7. #7
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Does an Employer Have to File Paperwork to Pay You

    The I9 must be completed within 3 days. I see nothing in the law that allows an employee that works less than 3 days to not have an I9.

    EDIT: A look at the M-274 I9 Handbook for Employers https://www.uscis.gov/sites/default/...form/m-274.pdf

    It says on page 7, 3rd paragraph...

    If you hire a person for fewer than three business days,
    Sections 1 and 2 of Form I-9 must be fully completed at
    the time of hire – in other words, by the first day employment
    for pay begins .

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Does an Employer Have to File Paperwork to Pay You

    If you hire someone expecting that they will be remaining and that you have three days to get the paperwork complete, and they quit at the end of the second day, that's quite a trick. Got a TARDIS in you back yard?

    Yes, they should have gotten it done immediately. Not questioning that. But if they worked for less than three days, if audited the DOL and DOJ will not require the employer to go back to the employee and get it. They WILL make that requirement if someone who should have filled one out and didn't, continued employed for longer than three days.

    And I have that right from the DOL's mouth.

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