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w-2 Question and Payroll question. Florida

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  • w-2 Question and Payroll question. Florida

    I have been working for the same employer for 3 years, Now i can honestly say that i have not kept every payroll stub and or w-2. I recently have suspicions that the taxes being taken out of my check are not matching up to what my w-2 states. I believe I am being taxed more than is being paid back on the governments end.

    Can I legally request a copy of all of my payroll stubs for my time of employment under the freedom of information act?

    Also whenever I received my w-2 it was never the hard copy from the government it was always a photo copy of it, is that legal, and can i demand my hard copies from my employer, not to mention he never gave it to us by the Jan 31st deadline it was always like a week late.

    But ultimately can i legally request copies of all of these things from his accountant, and what if they fail to produce them?
    Last edited by nolan33980; 06-09-2009, 04:04 PM.

  • #2
    also one other addition, my w-2 has never had my correct home address, it was always some bogus address with some other city!


    • #3
      Are you a government employee?
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


      • #4
        No iam not, i work for a private owner of a cell phone company. Please read the first paragraph of my original post again as i have edited it.
        Last edited by nolan33980; 06-09-2009, 04:04 PM.


        • #5
          Then the FOIA does not apply. You can legally request the copies of your paystubs, in that no law says you cannot, but you cannot use the FOIA to force the issue.

          Whether or not FL has any state law that would compell the employer to provide copies, I'll leave to one of the payroll people to say.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


          • #6
            and what about w-2's? is it legal to just get a photo copy, or do originals have to be produced?


            • #7
              I know zip about FL law on the specific point of employer producing copies of pay stubs. My best guess is no. My state (CA) which actually has a lot of employee friendly state law is (to my knowledge) not that specific. And FL has a reputation not only for having very little in the way of FL labor law, but being one of the very few states to not have a state DOL to enforce their laws.

              One other point. I have done a lot of payroll for a lot of companies and I have never once worked for any company where a backup paystub was ever generated in the first place. Paystubs were a one part form attached to the check or pay advise. Hand it out to the employee and it was gone forever as far as the employer was concerned. What we did instead was to just run reports as needed which summarized all earnings and deductions per payroll for the employee. This was not a legal requirement as far as I know, just something that most reputable employers of a certain size would do if requested.

              Regarding W2s, hard to say. 20 years ago, all reissued W2s were photocopies (with a "reissued statement" declaration). Say 10 years ago, we started getting CD-ROMs of W2s and could issue something on printer paper that looked a lot like an original. The key is IRS allows employers to not use official forms as long certain layout rules as followed. If the original was legal, then the copy should be legal. More over, let's say that the W-2 is not issued at all, or issued with bad information. The employer is looking at a $50 fine. Not nothing, but also not something scary.

              HOWEVER, failing to deposit taxes withheld is seriously illegal. It is even "put the employer in jail" illegal.


              I assume that you personally are not the only employee of this employer. Have you talked to other employees? Do they have their pay stubs? If your employer is playing games with tax deposits, it is very unlikely that they are doing it to you and you only. Find someone who has their records and see if what you think is really happening. This is the big issue. The other issues you raise are either small time legally or nothing legally.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)


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