How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask wallstreetfighter Your Own Question
wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17222
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
16356563
Type Your Employment Law Question Here...
wallstreetfighter is online now
A new question is answered every 9 seconds

I recently was employeed at Marcos Pizza and they tried giving

Resolved Question:

I recently was employeed at Marcos Pizza and they tried giving me cash for my last check.. I told them that was not okay and that I wanted my pay stub... so today when I went to go get my check all they had for me was a personalized check from the resturant.. Are they allowed to do this?
Submitted: 5 years ago.
Category: Employment Law
Expert:  wallstreetfighter replied 5 years ago.

wallstreetesq. :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

wallstreetesq. :

Were you receiving a w2 prior?

wallstreetesq. :

Paying you cash, is a violation of IRS and State tax laws,

wallstreetesq. :

as your employer will not be paying you the State and Federal payrol taxes,

wallstreetesq. :

if you were paid a w2 prior to this,

wallstreetesq. :

and they now a cutting you a check,

wallstreetesq. :

you can complaint to the IRS or the State labor board,

wallstreetesq. :

However,

wallstreetesq. :

if you do file a complaint, you may have to pay some of the money received

wallstreetesq. :

as you would have to pay your share of payroll taxes,

Customer:

they wrote me a check. but I didnt recieve a pay stub so how would I know if they took the right amount out for taxes?

wallstreetesq. :

was anything taken out?

Customer:

Yes

wallstreetesq. :

You would have to look at past paychecks,

wallstreetesq. :

you should receive a statement,

Customer:

are they allowed to just give me a personalized check and not my pay stub?

wallstreetesq. :

their is no way to know, unless they provide you the statement

wallstreetesq. :

not unless you are a contractor,

wallstreetesq. :

if you are an employee you receive a w2, with all the deductions listed,

Customer:

If I was to file a complaint on them and they tried saying that thwey never took any of my taxes out how would I go about proving that if I didnt recieve a pay stub? this is not the first time that I have got a check and my hours were not correct

wallstreetesq. :

they have to prove it not you,

wallstreetesq. :

what state are you in?

Customer:

Michigan

wallstreetesq. :

you can file a wage complaint above,

wallstreetesq. :

You can mention that you have not received proper pay checks either,

wallstreetesq. :

and you have no proof of what deductions were taken out

Customer:

Okay! thank you for the help. I was slightly confused on the payment thing.. I am only going to be charged that one time correct?

wallstreetesq. :

yes,

wallstreetesq. :

If you have any further questions please do not hesitate to ask

Customer:

okay! thank you so much for your help!

wallstreetesq. :

If satisfied please press the accept button so we can receive credit

wallstreetfighter and 3 other Employment Law Specialists are ready to help you