• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Employer not paying salary as Social Security Card not received

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

alertpersons

Junior Member
What is the name of your state? New Jersey

I have come to the New Jersey,US on H1B since last 2+ months. I am on Bench. I received my Social Security card after 8-9 weeks. As per my agreement with employer, my salary was to start 2 weeks after I report to the employer office or from the date I start a project at employer's client site whichever is earlier. My employer is not paying me my Salary of about 1.5 months when I did not had my SS Card, says that salary will start only after I get the Social Security Card.
Is what the employer says is correct?
 


alertpersons

Junior Member
No. I am not performing any work. I am giving interviews. When my Salary became due and I asked the Employer about it, Employer started saying that without SS Number, I will not be employed by anybody. The Employer never told me this before. And the Employer was also brought 1-2 interviews much before I got SSN.
 

cbg

I'm a Northern Girl
If you are not performing any work, you do not have to be paid. A SSN is absolutely necessary before you can legally be hired as the employer needs that to deduct appropriate taxes.
 

alertpersons

Junior Member
My Employer has hired me and as per agreement, the Employer should start my Salary after 2 weeks.
I checked the socialsecurity.gov website. It says that employee may work while the Social Security number application is being processed. It tells the Employer What to do if the employee doesn’t have a Social Security number when wage reports (Forms W-2) are due to Social Security.
If the employee applied for a card but didn’t receive the number in time for filing, enter "Applied For" in Box d. (Reference: IRS Instructions for Forms W-2/W-3). Then When you receive the employee's Social Security number, Form W-2c
(Corrected Wage and Tax Statement) is to be filled.
 

cbg

I'm a Northern Girl
None of which changes the fact that if you are not working, you do not have to be paid.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top