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Access to electronic pay stubs by terminated employee

Discussion in 'Termination: Firing & Resignation' started by Mike91163, Jul 14, 2020.

  1. Mike91163

    Mike91163 Law Topic Starter New Member

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    Jurisdiction:
    New Jersey
    This should be fairly straightforward...I was "temporarily" laid off as of 4/2/2020 from a manufacturing company, due to reduction in business secondary to the pandemic.
    The business remained open with reduced staff, as it was considered "essential" under Gov. Murphy's executive order.
    I recently asked management via email about my status; I was informed that the layoff was still indefinite until further notice, and realistically could be considered permanent.
    I have no issues or problems with this information.
    Now, on to my problem...all employees-hourly/salary and exempt/non-exempt-were paid via direct deposit, and pay stubs were accessible electronically via the payroll provider's website or their cell phone app.
    I wanted to retrieve my pay stubs for my personal records; however, I could not access them, as I received a "login not recognized" message. Upon contacting management, I was informed that they had switched payroll providers; further, I was told that even if they had not switched, I would not be allowed to access the website as a terminated employee. In addition, they said I would have no choice but to wait until W-2s were issued in January 2021.
    New Jersey law merely states that "employees" must be able to access their pay stubs; the law does not specify "current" or "terminated". (NJAC 34:11-4.6)
    My problem is that I was never given the opportunity to retrieve these pay stubs prior to termination, and believe that state law is vague and subject to interpretation; is anyone familiar with this subject? Do I have the right to demand access to, or physical copies of, my pay stubs for this year? If the company cannot retrieve actual pay stubs, can I demand a full accounting of my hours, pay, and deductions based upon company records which they are required to maintain, and, if so, how soon must they provide such records?
    Thank you, and I await your response(s).

    Mike
     
  2. adjusterjack

    adjusterjack Super Moderator

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    You have the right to "demand" anything you want. Your former employer has the right to say no. Your pay stubs were available to you while you were working there.

    According to NJ Revised Statutes (not NJAC -Administrative Code)

    2019 New Jersey Revised Statutes :: Title 34 - Labor and Workmen's Compensation :: Section 34:11-4.6 - Dissemination of information; records.

    I don't see that as applying to former employees.

    "Given" the opportunity? You had the opportunity to get that information each payday.

    You can call the NJ Dept of Labor and file a complaint. I have no idea how far that will get you.
     
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  3. mightymoose

    mightymoose Moderator

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    Why not visit the HR office and nicely ask for copies?
     
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  4. army judge

    army judge Super Moderator

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    That will make it easier for you to prepare and file your 2020 tax forms.

    Your former employer seems to very helpful, even to their former employees.
     
  5. cbg

    cbg Super Moderator

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    One reason is that HR is not the place that pay stubs are generated. Now, if he were to visit Payroll and nicely ask for copies, he might get somewhere.
     
  6. Zigner

    Zigner Well-Known Member

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    It's quite possible that HR and PR are the same person in a small manufacturing company. Heck, I used to be HR, PR, purchasing, A/P, A/R and receptionist all at the same time.
     
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  7. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Since the OP mentioned "payroll provider" I doubt any of this is in house.

    To the OP: You say you never had a chance to access them. Did you not have access prior to the layoff. If you did you certainly had a chance to access and print them then. To my knowledge, there is no law on how long an employer must make past ACH check stubs available when they are originally provided online.

    I would contact the payroll provider though.
     
  8. mightymoose

    mightymoose Moderator

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    It is not in house, but they certainly would have access to it. It seems a pretty simple matter to give him a few pieces of paper so he will go away.
     
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  9. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Not if they were with the payroll service lovingly known as Another Damn Problem. A week after a client is no longer a client they terminate report access.
     
  10. cbg

    cbg Super Moderator

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    Sure, it's possible. I've had that kind of position myself. But if they are NOT the same person, it is not guaranteed that HR will have them. Payroll will.
     
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  11. Mike91163

    Mike91163 Law Topic Starter New Member

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    Yes, I had access prior to my layoff...however, had I known that my ability to access them ended with my layoff, I certainly would have done so the day of my layoff.
     

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