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I was hired at a place but it wasn't the job I applied for. The job duties and pay were totally different and I never got a schedule until I walked out the door each day. I also was never set up to clock in or out. I never filled out a W-4 or I-9 either.

The last day I worked when I asked what time I should be there the next day, another employee told me the manager would call me which he never did. I had no idea what was going on. I finally called him and was told It wasn't a good fit although he was there about 15 minutes during my shift.

I asked when I would be paid and he said in about two or three weeks. Isn't this unlawful?

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    Please add a country tag.
    – Sourav Ghosh
    Commented Apr 15, 2019 at 9:29
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    The use of W-4 and I-9 imply the country is US. So I am adding that tag.
    – mhoran_psprep
    Commented Apr 15, 2019 at 10:30
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    Did you have an employment contract, offer letter, or other document explaining the employment relationship" Were you a direct employee or a contractor? Or some other relationship?
    – dwizum
    Commented Apr 15, 2019 at 12:38
  • If this company is as dodgy as it sounds, I think you are not going to get paid without a major hassle (i.e., involving lawyers). Hopefully you have documented proof that you were (1) hired and (2) showed up for work for XX hours. If you don't, I'm sorry to say that it's even more unlikely that it will end favorably. Good luck.
    – Mike Harris
    Commented Apr 16, 2019 at 19:16
  • Just to add to what @MikeHarris said, if you need proof of showing up for work, your phone might be tracking your location for you. If you have google maps on your phone, there's a location history feature that could be used to prove you showed up to work.
    – Nick Vitha
    Commented Apr 17, 2019 at 23:28

2 Answers 2

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It depends on if the employer was an at-will employer meaning that they can let you go with no notice.

I would contact the HR department for the company you were working for. They may be sending you your check by mail. But they should have had you complete the paperwork before you began work. It's odd that they did not.

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Check your local state laws with regards to labor. At least some US States require the final check to be paid either immediately upon termination or at the very next normal pay period.

However they are going to need you to fill out the appropriate IRS paperwork before they can even cut you a check. I'd suggest that you go to the HR office of that business and talk to someone. Don't leave until you get that paperwork in order.

If they try to avoid you then let them know your next stop is to the local workforce commission. States tend to take a very dim view of employers that fail to handle payroll correctly and this can lead to some pretty significant fines on the business. If they still don't resolve this like right now then follow through and visit that workforce office. Be sure to bring any documentation you have of being hired and working those hours.

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