No Pay check without new I9 form?

[Tenant4toolong]

What is the name of your state (only U.S. law)? NJ

My employer is holding my last paycheck. They claim to have lost my I9 and the copies of the IDs attached to it. This is the first I am hearing about this "lost" paperwork and I'm being told I have to appear in person to re-sign the form along with my IDs. I know they have at a minium my name, address, SS# (which is also my employee ID # on thier automated system for payroll), and DOB. I saw my supervisor copy my IDs the day I started and told me he would scan them and send them over to HR.

Is doing this legal or does it even sound legit? It's a small start up so I am wondering if this is a stall tactic. I have an email from then saying there is no problem sending me my last check yesterday (which was the last day to submit time sheets) and now there is a problem. I won't be able to get paid now for another 2 weeks now even if the found my ids.

 

[Zigner]

Why not just fill out the forms?

 

[pattytx]

Legally, no they cannot hold your paycheck.

But I also agree; don't know what the big deal is. It's going to get you your paycheck a lot faster than you having to file a wage claim.

 

[cbg]

Ideally, if they did not have your I-9 and associated documentation, they SHOULD send you home, unpaid, until you provided them. By a literal interpretation of the law, that's what they should do. Technically, they are in violation of the law by allowing you to work, without those documents on file. Even if it's their fault.

At least this way you're still earning pay. As the others said, you'll get paid a lot faster by simply providing the requested documents than you will by making a complaint.

 

[Tenant4toolong]

It really is the principle of the matter. They were careless with sensitive information to begin with. I resigned Friday morning, Monday got the email that my check would be mailed, Then today being told I have to go hours out of my way to provide my IDs again.

I am willing to wait months if I have to. I don't believe them that they lost it, what will stop them in 2 weeks in claiming they lost my IDs again and can't pay me again.

 

[Tenant4toolong]

Ideally, if they did not have your I-9 and associated documentation, they SHOULD send you home, unpaid, until you provided them.

Which I agree with, which is why I provided my 3 forms of ID on my start day weeks ago. Seriouly they would not take me to my desk BEFORE I filled out my employement agreement, non compete clause, signed my offer letter, and filed out my W2, I9, and NJ withholding forms.

Technically, they are in violation of the law by allowing you to work, without those documents on file. Even if it's their fault.

Which is why I am sure they have them and this is just a stall tactic.

 

[cbg]

Up to you. If you'd rather file a wage claim and wait months for the pay, that's your right and privilege.

But in the event that you're thinking that you'll be entitled to any damages, you can forget that; you have a means of mitigating your damages that you are refusing to avail yourself of. So EVEN IF NJ will allow damages on a wage claim (not all or even most states do) you are almost certainly making yourself ineligible for them.

So, you can get the amount of your wages immediately by providing the ID, or your can get them a year from now when the state completes your claim. Your choice.

 

[Tenant4toolong]

Ummm CBG....not sure the kind of posters you are used to but I am NOT seeking damages, only pay for the actual 8 hours I worked (and not even for the parking reimbursement I was getting as part of my agreement which was $4 a day).

Why should I have to travel 200 miles back to my old employer to provide them with information I know they already have? I am sure if the state contacted them saying they are gonna be fined for not having my ID on files they would miraculously appear again.

 

[Zigner]

Ummm CBG....not sure the kind of posters you are used to but I am NOT seeking damages, only pay for the actual 8 hours I worked (and not even for the parking reimbursement I was getting as part of my agreement which was $4 a day).

Why should I have to travel 200 miles back to my old employer to provide them with information I know they already have? I am sure if the state contacted them saying they are gonna be fined for not having my ID on files they would miraculously appear again.

You've got your options - have it at

 

[cbg]

If you are not looking for damages (and I am not saying that I do not believe you) then you are very, very much the exception rather than the rule.

The I-9 requirement is Federal, not state. And quite honestly, I-9 violations are very, very, very low on the priority list.

 

[davew128]

The I-9 requirement is Federal, not state. And quite honestly, I-9 violations are very, very, very low on the priority list.

Depends on the agency. Last Friday, the owner of a local bakery was arrested by ICE for "widespread employment documentation problems". Not coincidentally, the bakery is located about a mile from our southern border.....

 

[cbg]

Which is not likely to be an issue in New Jersey.

Sure, there's always a chance that the Feds will come in, but as a general rule, in most of the country, this is just not something that they spend a lot of time on.

If the OP is looking for the Feds to swoop in and fine the employer for claiming that the ID was lost, that is frankly not a particularly realistic expectation.