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Do I need an I-9, W-4 and proof of citizenship to be employed?

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H

hagafen4

Guest
What is the name of your state? California

Okay, here's my question -
I had a summer job for which I filled out an I-9 and W-4 along with proof of my citizenship. I was born in America and I'm familiar with the employers, so it wasn't a huge deal. However, I've just been asked to submit my tax forms for the third time - this is AFTER the job has ended; I can't recieve my paycheck without these forms turned in, but I've already turned them in. The employer has seriously organizational issues and has requested about half of the co-workers I've talked to to resubmit their forms as well.

Only after I inquired about the status of my paycheck did they tell me I needed to fill out the forms (again - but they won't acknowledge that)... This causes me to wonder - when were they planning on telling me?

Just curious - was it legal for me to be hired in the first place if they didn't have these forms?
 


cbg

I'm a Northern Girl
But you've just said that you DID fill them out. So they DID have them, even if they've lost them. However;

An employer is required to have an I-9 form on every active employee unless that employee was hired PRIOR TO November 6, 1986. They must keep that form on file until either three years after the hire date or one year after the termination date, whichever is later. Technically, while it was not illegal to HIRE you, it was illegal for them to allow you to work after three days IF they honestly believe that you did not complete the forms. If they know that you completed them and know that they lost them, then that's a different story.

They are NOT required by law to have a W-4 on file before they pay you. They may legally take taxes out of your check at the S-0 rate without one. However, if they took them out on any other basis, they should have the form on file to prove that this is what you requested.

For the record, the obvious best situation would be if they hadn't lost the forms in the first place. But since they did lose them, they are doing what they should do, which is ask you to complete them again.

When you send them again, send them registered mail, signature requested.
 

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