Legal Question in Employment Law in California

Employer not having me fill out a W-4 or a I-9 upon hiring.

I was sent to this job as a interviewee by a employment agency. I was hired on 5/10/02, and have asked 4 times why/when will I fill out a W-4 and I-9. I was told they don't bother with it??!! Isn't this illegal?? What can I do, this employer has ignored my repeated questions about it and I have asked the employment agency what is going on and no repsonse. I have NEVER ever started a job without filing out a W-4 or a I-9. PLEASE ADVISE,


Asked on 7/07/02, 8:41 pm

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Employer not having me fill out a W-4 or a I-9 upon hiring.

You are correct, these forms are required to be filled out by the employer under federal rules. You may wish to contact the Immigration and Naturalization Service and your local unemployment office (the EDD requires payroll taxes to be withheld from your paycheck) to make a complaint and ask them to investigate. Ask if you can do this anonimously.

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Answered on 7/09/02, 12:37 pm
Hollie Lemkin Law Offices of Hollie A. Lemkin

Re: Employer not having me fill out a W-4 or a I-9 upon hiring.

By law an employer must deduct taxes, social security, etc from your paycheck. The only exception to this is if you were hired as an independent contract, then you would be responsible for these taxes. The fact that the employer has not had you sign a w-4 would make me very concerned. Have you received a paycheck? Were taxes deducted from the paycheck?

If you have recieved a paycheck and taxes were not deducted and you are concerned you can contact, the state labor board, the IRS or the State Board of Equalization.

Good Luck

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Answered on 7/09/02, 7:05 pm


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