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    Smitty9-12-52's Avatar
    Smitty9-12-52 Posts: 2, Reputation: 1
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    #1

    Jan 26, 2009, 08:01 AM
    Payroll legalities
    Is it legal to with hold an employee's paycheck for failing to return their W4 and I9, when a written warning is given?
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #2

    Jan 26, 2009, 10:14 AM

    Why wouldn't you just return the forms?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 26, 2009, 11:44 AM

    Actually it was not really "legal" for them to hire you in the first place, the I9 is to be returned before you go to work,

    And they can not process your paycheck, do the tax withholdings without the W4. So yes, they may hold your check till you return the forms.

    They can not do a check for you till they have this information.
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