Can an employer issue a fake pay stub in your name?

UPDATED: Sep 29, 2022

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Can an employer issue a fake pay stub in your name?

My previous employer put a paycheck on my history and it is fraudulent, but shows the proper deductions being taken out. It is for an amount roughly 7x what I would normally make for a paycheck. Are they doing something illegal?

Asked on September 16, 2015 under Employment Labor Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Of course they are doing something illegal--if they did this on purpose. There are many illegalities this could be. Just for three examples 
1 If they base taxes on this, they will be over-deducting since employee pay is a business tax deducdtion and hence underpaying taxes.
2 The check may have been paid to someone other than you, so they are stealing and/or laundering money.
3 They may be falsifying reports for purposes of some wage and hour, pension/401, benefits, or UI laws.
The above is if it was done intentionally there is NO legitimate intentional reason to this. Of course, it is possible that it was some typographical or accounting error, which would not be criminal it is intention that converts what would otherwise be a mistake or error into a crime.

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