What to do if my ex-employer is not willing to give me my last paystub?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if my ex-employer is not willing to give me my last paystub?

The State Franchise Tax Board needs it to tally the state tax deductions on my W2. Paychex offered me 2 options: Either my ex-employer sends a request on my behalf to send me the paystub, or I obtain my records through a court-ordered subpoena. Now, what is court-ordered subpoena? And how do I obtain court-ordered subpoena?

Asked on November 14, 2012 under Employment Labor Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You should check with your state's labor department first. This may be a state labor law violation for failing to provide you your last paystub. If you require a subpoena because that agency cannot help you, then you should contact a lawyer to file in court demanding a court-ordered subpoena (which forces a person or entity or both to comply with a demand for documents and information).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption