What to do if y employer never took taxes out of my paychecks for the 6 weeks I worked there and wouldnt let me fill out a W-2 right away?

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What to do if y employer never took taxes out of my paychecks for the 6 weeks I worked there and wouldnt let me fill out a W-2 right away?

She wouldn’t let me fill out a W-2 until she knew was going to stay because it cost her money to put me on the payroll. She did this with all new employees. An agreement was never made between us nor mentioned, she would just pay us by check and delay taking our information to put us on payroll. I quit this hostile environment. She was very mad that I quit and to this day, I still have not recvd my last paycheck after numerous phone calls in which she refuses to speak to me. I then got a text from an employee at the restaurant telling me that I could get my check but I have to give owner a copy of my DL and SS card. Is this legal?

Asked on September 27, 2012 under Employment Labor Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

What you have written is illegal activity by the employer's agent in that all employees under the labor laws of all states in this country are required to complete a W-2 for themselves before the first pay period for the particular employee.

As to not receiving your last paycheck, such is illegal as well in that if you quit your position, your former employer was required to pay you what you had coming in wages within three (3) days of your final day of work.


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