Can my former employer hold my last paycheck due to paperwork?

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Can my former employer hold my last paycheck due to paperwork?

Today is payday for the company I recently was let go from. When I contacted my former boss, he

informed me that the only way to get the check was to fill out a form I-9 and a W-4, as well as

sending him a copy of my driver’s license and social security card. Only then will he mail me the

check. My family is in desperate need of this money, seeing as how we were uprooted for me to take

this position and I was terminated upon my family’s move in date. This leaves me homeless and jobless and he is refusing to give me my check. I just want what I am owed so I can try to rebuild my life and put my family under a roof again.

Asked on January 13, 2017 under Employment Labor Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Legally, they do need this information to pay you--for example, they have to properly account for and send the IRS the right form(s) about your taxes; they need to confirm your eligibility to work; etc. This should have been done upfront, before, and not now, but still needs to be done. Therefore, you should provide this information, which is also the quickest way to get paid. (They don't need the license, however; they need the tax form and the social security information.)


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