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SSN# pending on H1B Payroll won't accept!

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  • SSN# pending on H1B Payroll won't accept!

    I am the the payroll/HR in a small company in California. We have hired an H1B working with a pending social security number. He has been here for approx 6 weeks and has not been paid! My boss says it's ok. I know this isn't true. When an employee works you must pay them. Seems like common knowledge.

    Because our contracted payroll service will not accept a new employee entry without a SSN, my boss has decided to pay the employee with a "demand loan" until he receives his SSN. Then pay him double and triple wages in separate payroll checks through the payroll service. We have withheld the appropriate taxes.

    What are the pitfalls of such an arrangement? It just seems a bit strange not to just cut a payroll paper check on site, then report the amended wages to our payroll service. My boss thinks I am paranoid about the employee suing us, IRS auditing us..etc. am I?
    Last edited by lf644; 01-23-2009, 02:44 PM.