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Ex employer denying to provide paystubs

Discussion in 'Employment, Labor, Work Issues' started by Sultan, May 16, 2020.

  1. Sultan

    Sultan Law Topic Starter New Member

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    Jurisdiction:
    New Jersey
    I worked for this employer 2016-2017. I need my paystubs for some reason i’ve already informed about the reason as well. He’s not responding i send to his official email address. I reached out to the payroll company they told me that the company account is active and i’d need an invite from my employer to login and generate pay stubs myself.
    I’ve been following up with him since September 2019 with no luck. I’m frustrated and becoming helpless to myself over time and i wanna sue him if there’s an option to. Any thoughts about this? I’m no union or anything just plain regular employee.
     
  2. cbg

    cbg Super Moderator

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    The state of New Jersey does not require your employer to provide you with pay stubs.
     
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  3. adjusterjack

    adjusterjack Super Moderator

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    No, there isn't.

    You can't successfully sue somebody for not doing something that 1 - they have no obligation to do, and 2 - was your responsibility to properly keep your own financial records.
     
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  4. Tax Counsel

    Tax Counsel Well-Known Member

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    What is the need for the actual paystubs? Would something else like copies of the W-2 forms the employer provided you work? If the W-2 information is good enough you can order that directly from the IRS.
     
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  5. welkin

    welkin Member

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    Of course they have to provide pay stubs either with a written check or digitally if direct deposit.

    Did you mean that the employer doesn't have to provide copies of pay stubs already provided?
     
  6. army judge

    army judge Super Moderator

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    Knowledge is out there IF one seeks it.

    New Jersey law on pay stubs:

    New Jersey has no laws requiring employers to provide their employees at the time of payment any notice of wages paid, wage rates, deductions, or other wage payment information.

    New Jersey – Wage Payment Laws

    Federal law on pay stubs (FSLA)

    The Fair Labor Standards Act (FLSA) regulates issues like payroll record keeping for employers and it doesn't require employers to provide pay stubs to employees.

    Employers don't have to provide a paper record, but federal law does have strict requirements for employer record keeping.

    What are the rules for giving employees their pay stubs? | Workest
     
  7. cbg

    cbg Super Moderator

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    Whether or not an employer is required to provide pay stubs and if so, to whom, under what circumstances and containing what information is state specific. Most states do require them. New Jersey is one of the few that does not. See the notation from the Judge, upthread.
     
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  8. hrforme

    hrforme Active Member

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    and most states that require it have a retention period of at most 2-3 years, so the 2016 ones might not even be available anymore. And much of 2017 is past 3 years also....but state law is important and that's already been posted.
     

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