Can an employer legally withhold my pay check if...

Question

When he hired me acouple months ago I could not find my social security card and so he never got it on file... however, I worked for him for about 2 weeks before I quit and I still have not been able to get my pay check from him for 2 months now because he said that he has to have my social security card copied first... I know that I can order a new one but I would really like to know if it is legal for him to withhold my check from me because of that. If thats the case he shouldn't have hired me or let me start working until he got the card, right?

Also I am white, born in the USA and am legal... I just simply lost my social security card somewhere in my house from moving.

Answer 1

They have recently cracked down on employers to stop them from hiring illegal immigrants. Your employer faces serious fines if they pay you without the proper documentation. You're just going to have to wait until you get a new social security card.  

Answer 2

leysarob has this correct.

the employer can not hold your pay

their failure to have the required documents in no way mitigates their responsibility to abide by pay-day laws.

the federal laws do not require an employer to make a copy of any documentation many employers do so as a matter of policy but not due to the law.

if the document was used for an I-9 the employer is to actually see the documents in use and failure to do so is a violation for the employer not the employee.

the employee fills out their own W-4 and the employer is not even required to see a social security card.

http://www.irs.gov/pub/irs-pdf/fw4.pdf?p...

they can suspend or terminate an employee who does not provide the documentation but they can not hold the employees pay for any reason.

if the employer refuses to pay you let them know (politely) that failing to pay you by the posted pay-day is a violation that copies of documents are not required for the I-9 or W-4 and you will immediately file a wage complaint with the department of labor.

EDIT: a social security card is not even required for the completion of an I-9 there are a number of documents that can be used. http://www.uscis.gov/files/form/I-9.pdf

Answer 3

YES he can withhold the check ..go find the card and take care of it..

Answer 4

He can't legally pay you without your social security number on file.  

Answer 5

since the answer above says it's legal, why don't you go to your nearest social security administration office to ask them to look it up for you.  i'm not sure if they actually can, but give it a try.

Answer 6

Yes it is legal for him to not pay you. Until you produce the card he can not add you to pay roll--so you were never actually added. He needs your number so taxes can be taken out, etc.  If you want your paycheck you need to give him the card.  It was perfectly legal for him to hire you, but even if you worker 2 months you would not have seen a paycheck without having the SS card for him to copy. And I think you only have 4 months from the time you quite to produce it  or he legally does not have to pay you at all, it may depend on your state but I know for a fact in NY that it is true (I have actually done it and it is legal)

Answer 7

Yes, it's legal.  They cannot give you a paycheck until they see your actual social security card and make a copy.  It's federal law that all employees must complete an I-9 Employment Eligibility form and until that's completed and they have seen your social security card they have to withhold your pay check.  And yes, you're right that he shouldn't have allowed you to start working before seeing your card, but federal law states that employees  have three days from the date of hire to show their social security card so it wasn't illegal of him to hire you before seeing your card.

Now you need to go to the social security office and order a new card which will generally take 7-10 business days to arrive.

Answer 8

No. He cannot withhold your pay -- but you're at fault as well for not providing the documentation he needs.  Get the card to him and get this over with.