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Supposing an employee is only employed for a matter of two…

Supposing an employee is...

Supposing an employee is only employed for a matter of two or three days and they violate company policy, are the two parties allowed by law to agree that the employment never occurred, i.e. No payroll is reported to the IRS, etc.?

Lawyer's Assistant: Have you documented this or discussed it with HR?

This is the scenario, I was employed for four days with a company and unfortunately violated their policy so I was terminated. I would like to request to them, after the fact, that the two of us agree that I was never employed to begin with and I except no payroll and thus no record is made of my employment with them. Bot***** *****ne is I would like to "keep this off my record", per se

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will. If this helps better understand the scenario, it was a situation where another employee accused me of saying something inappropriate and I was giving absolutely no opportunity to provide input and no investigation was done, it was a unilateral decision.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thanks

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Answered in 3 minutes by:
12/18/2017
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 11,469
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Thanks so much for your patience. Generally, if a person is paid as an employee, then they have to be paid the wage agreed upon, with at least a minimum wage paid, and all state and federal taxes must be taken out. Thus, even if they only worked two or three days, then the employer is still required to take out those taxes. Now, practically, the parties may just pay the employee under the table which is what many people do. Now, as far as the actual employment is concerned, each party can agree that there was no employment given the short time the employee was working there. Did you have other questions for me?

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Customer reply replied 5 months ago
No thank you, ***** ***** clearly explained that I do indeed have this option to request of them, with which I intend to move forward.
Customer reply replied 5 months ago
Do you know the final amount I will be charged for this chat exchange? Thanks!

Hi, the final amount should only be something like $47 tops ($5 to post a question, $42 for your interaction with me). It's like 90% off my regular hourly fee so I hope that you found it to be a good deal:-). Let me know if you have any other questions and please feel free to rate your opinion of me today (five stars is always appreciated, never required).

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 11,469
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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).

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