Legal Question in Employment Law in Georgia

''Employers holding all checks, still working''

I recently got a job and was allowed to start working although my Social Security card replacement had not arrived in the mail. It has been 5 1/2 weeks and still no SS card. I am still allowed to work, however, employer is holding all paychecks from past 5 1/2 weeks. I have not received ANY money, am behind on bills, and have reapplied for a SS card again. Is it legal in Georgia to withhold pay for this reason or ANY reason????

Thank you for your time....


Asked on 7/29/03, 7:03 pm

1 Answer from Attorneys

Jeff Kent Kent & Merritt, P.A.

Re: ''Employers holding all checks, still working''

First of all, no a company in Georgia cannot withhold paychecks for such a reason. You are entitled to be paid for lawful work at least twice a month.

However, notice that I said lawful work. Your post brought up a couple of questions. Has there been a problem with the social security number that you gave them? If you gave them a number that didn't match IRS records, they would certainly be within their rights to require that you show them a copy of the social security card or some other evidence that the number you gave was valid. Did they ask for the social security card specifically as part of their attempt to determine whether or not you could legally work there? Companies are required to complete I-9 forms within the first three days of an employee's employment. There are various categories of documentation from an employee that will satisfy the requirements, either alone or in combination. Examples of such documents are drivers' licenses, passports, visa authorizations, social security cards, etc. As long as you are able to show the document or combination of documents sufficient to satisfy the I-9 requirements, the company is not allowed to specify exactly which documents you must use.

If your social security number doesn't match IRS's records or if you were not able to provide the proper I-9 documentation, the company should not withhold your paychecks. Instead, you should not be allowed to work at all.

The Georgia Department of Labor is a good place for you to start. Good luck!

The foregoing is general information only, not specific legal advice. No attorney/client relationship has been created or should be implied. Consult with your own attorney before taking legal action.

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Answered on 7/30/03, 7:34 am


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