California Employment Law
Have California Employment Law Questions? Ask a Lawyer.
Good morning Matt,I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.Under both CA labor law and federal employment laws, they must be paid. And because they are no doing jobs consistent with independent contractors, they must have taxes withheld and receive W-2sAs it is likely that you will either get their identifications sorted out soon, or they will just leave the job, for now, you will want to withhold taxes under the social security numbers that you have been give and have been using. Essentially, until you know differently, you will proceed as if the social security numbers you have been given are valid. Additionally, it was absolutely proper to suspend the employees pending the clarification of their I-9 documents.You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction. Please remember to rate my service to you when our communication is completed. I wish you the best in 2013,Doug
I suspected that would be the "best" answer. Although I'm in a bit of a bind.
The new payroll processor, who is actually a large (bureaucratic) "PEO" organization back east won't "hire" these 2 employees, so I can't pay them even once via the new processor. And my prior processor, Paychex, already processed their "final" payroll (which was any employee terminations run on the 5/1 payroll). Not sure they can run 2 more retroactively.
Any final suggestions? Thanks!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).