Legal Question in Employment Law in Florida

Re: Labor Law

The employer has to fill out an I-9 form for each employee to comply with immigration laws. That, I imagine, is why they need your ss or birth certificate. However, I do not know of any law that allows them to withhold your pay.

If you have a passport, then you do not need the other documents.

If not, and you are unable to provide a required document for the I-9 form within three business days of your hiring, you may present a receipt for the application for a replacement document within three business days of your hiring (or as soon as possible since the employer did not tell you this). The required document(s) must then be presented within 90 days of your hiring.

So, give your employer proof that you applied for the new ss card, tell them that this should be sufficient under the law, and that they have no right to withhold pay. See if that does the trick. (Handle the matter calmly and diplomatically. You don't want to lose the job.)

If not, you can call the US DOL, wage and hour division for help. You can also call the US DOJ for info on the I-9.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.