Can my former employer hold my last paycheck due to paperwork?

UPDATED: Sep 30, 2022

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Can my former employer hold my last paycheck due to paperwork?

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day is payday for the company I recently was let go from. When I contacted my former boss, he

informed me that the only way to get the check was to fill out a form I-9 and a W-4, as well as

sending him a copy of my driver’s license and social security card. Only then will he mail me the

check. My family is in desperate need of this money, seeing as how we were uprooted for me to take

this position and I was terminated upon my family’s move in date. This leaves me homeless and jobless and he is refusing to give me my check. I just want what I am owed so I can try to rebuild my life and put my family under a roof again.

Asked on January 13, 2017 under Employment Labor Law, Kansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Legally, they do need this information to pay you--for example, they have to properly account for and send the IRS the right form(s) about your taxes; they need to confirm your eligibility to work; etc. This should have been done upfront, before, and not now, but still needs to be done. Therefore, you should provide this information, which is also the quickest way to get paid. (They don't need the license, however; they need the tax form and the social security information.)

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 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.

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