Can an employer issue a fake pay stub in your name?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can an employer issue a fake pay stub in your name?

My previous employer put a paycheck on my history and it is fraudulent, but shows the proper deductions being taken out. It is for an amount roughly 7x what I would normally make for a paycheck. Are they doing something illegal?

Asked on September 16, 2015 under Employment Labor Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Of course they are doing something illegal--if they did this on purpose. There are many illegalities this could be. Just for three examples 
1 If they base taxes on this, they will be over-deducting since employee pay is a business tax deducdtion and hence underpaying taxes.
2 The check may have been paid to someone other than you, so they are stealing and/or laundering money.
3 They may be falsifying reports for purposes of some wage and hour, pension/401, benefits, or UI laws.
The above is if it was done intentionally there is NO legitimate intentional reason to this. Of course, it is possible that it was some typographical or accounting error, which would not be criminal it is intention that converts what would otherwise be a mistake or error into a crime.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption