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  1. #1
    Join Date
    Jan 2018
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    14

    Default Paystubs After Getting Fired and Locked from Company Email

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

    OK. This is not about my company, but about a friend of mine.

    She worked at some place, and was terminated. That is another topic, but now she wants to get all of her pay stubs. Apparently they were emailed to her company email, and she never bothered to print it out. When she was terminated she could not access the company e-mail system anymore, so she does not have access to her paystubs.

    She requested her company to send it to her and the company, citing CA Labor Code 226, says there is no obligation to send the pay stubs to her, and to get that she has to pay a few hundred dollars to do so.

    Is it legal for the company to act like that? I don't think it is legal, but wanted to be sure.

  2. #2
    Join Date
    Oct 2014
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    7,412

    Default Re: Paystubs After Getting Fired and Locked from Company Email

    Quote Quoting ceeeffoh
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    Is it legal for the company to act like that? I don't think it is legal, but wanted to be sure.
    California Labor Code section 226 requires the employer to provide paystubs to the employee when the pay is made, which the employer apparently did by e-mail. It was up to her to print them, forward them to her personal e-mail, copy them, or whatever when she got the. Employees should always keep their own copies of the paystubs and look at them carefully to ensure there are no mistakes. If they don't do that when they get paid they can get screwed later if there were mistakes they did not catch.

    That section also does give her a right to inspect the records the employer has, but if she wants copies she has to pay for the reasonable cost of the company to provide them, which means paying for the cost of an employee to retrieve them, print or copy them, etc. Whether the fee the company proposes to charge her is reasonable in this instance depends on the details, like how many records she asked for, how much time and effort it will take an employee to do it, etc.

  3. #3
    Join Date
    Jul 2018
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    1,660

    Default Re: Paystubs After Getting Fired and Locked from Company Email

    Quote Quoting ceeeffoh
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    her pay stubs . . . were emailed to her company email, and she never bothered to print it out.
    That was none too smart.


    Quote Quoting ceeeffoh
    View Post
    She requested her company to send it to her and the company, citing CA Labor Code 226, says there is no obligation to send the pay stubs to her, and to get that she has to pay a few hundred dollars to do so.

    Is it legal for the company to act like that? I don't think it is legal, but wanted to be sure.
    Did you or your friend read LC 226?

    In particular, subsection (b) states as follows: "An employer that is required by this code or any regulation adopted pursuant to this code to keep the information required by subdivision (a) [i.e., pay stubs] shall afford current and former employees the right to inspect or receive a copy of records pertaining to their employment, upon reasonable request to the employer. The employer may take reasonable steps to ensure the identity of a current or former employee. If the employer provides copies of the records, the actual cost of reproduction may be charged to the current or former employee.

    I find it hard to believe any employer who knows enough to cite LC 226 would say that "there is no obligation to send the pay stubs to her." What exactly did the employer say? Please quote it (with any names or other identifying information removed).

  4. #4
    Join Date
    Jan 2018
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    14

    Default Re: Paystubs After Getting Fired and Locked from Company Email

    I clarified it with the ex-employee in question, and she said she wanted to have paper copies of the paystubs which were originally in pdfs, and they said they have to charge a few hundred dollars to print physical copies. She should have been more precise about her requests, but if she did she would have saved the pdfs to begin with.

    I wonder if the employer can charge for the pdfs, though. It is not reproducing the copies...

  5. #5
    Join Date
    Oct 2006
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    15,621

    Default Re: Paystubs After Getting Fired and Locked from Company Email

    Quote Quoting ceeeffoh
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    I clarified it with the ex-employee in question, and she said she wanted to have paper copies of the paystubs which were originally in pdfs, and they said they have to charge a few hundred dollars to print physical copies. She should have been more precise about her requests, but if she did she would have saved the pdfs to begin with.

    I wonder if the employer can charge for the pdfs, though. It is not reproducing the copies...
    It really depends on what she is really asking for. If she is asking for a year's worth of pay stubs a few hundred dollars is obviously way over the top. If she is asking for 20 years worth of pay stubs that is an entirely different story.

    However, if the employer sent them to her employee email, odds are the employer could resend that email/forward that email to her personal email.

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