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I-9 forms and withholding pay California

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  • I-9 forms and withholding pay California

    We recently hired a new employee in my department who works off site. He began on March 15th but didn't receive his paycheck on March 31st, as his contract states he should. When asked, our HR department said they never received his new hire paperwork. After searching for a day, the HR department realized they did have it, but that the date he put on his I-9 was not the date he commenced working, March 15th. My question is twofold:
    1. If the employer is responsible for the paperwork being misplaced (and we had copies to show he had filled them out), can they withhold his pay?
    2. Do the forms like the I-9 need to be dated on the first day of employment? I've always thought they need to be dated the day that you filled them out and signed them.
    Thanks for any help...

  • #2
    1. If the employer is responsible for the paperwork being misplaced (and we had copies to show he had filled them out), can they withhold his pay?
    Not legally.

    2. Do the forms like the I-9 need to be dated on the first day of employment? I've always thought they need to be dated the day that you filled them out and signed them.
    That is an interesting theory, but not one apparently supported by the form it's self. I just looked at the form and I would assume that the employee dates the form when they sign it based on the way the form is worded.

    Just a thought, but I am going to suggest that maybe you are getting overly creative here. IMO, read the form and do exactly what the form says. No more. No less. The form says nothing about not paying the employee. The employee says nothing about the date by the employee's signature being the first day worked. Maybe this is just me, but perhaps if the government really wanted such rules followed, then the government would have actually mentioned the "rules" somewhere on the form.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

    Comment


    • #3
      Thank you sooo much! My thought process was exactly like yours, but not being versed in the law, I wasn't sure. Sadly, it seems our HR director isn't very versed in the labor laws either. Thank you!

      Comment

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