I started working at a small business owned by a couple that also own several cricket stores.

The problem was when I started working he didn't ask me to fill out any w-4 he just asked for my id social and birth certificate.

When pay day came he asked if I filled out my w-4 I told him he gave me no papers to fill out and told me he was going to come in Monday morning so he could send them off to his accountant.

I want to stop working until he pays me is that unethical?? Or should I continue working until he pays me? I know that I will quit but I don't know when its a right time.

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    Hi, I edited this slightly. I'm not really sure what you are asking though, can you edit to clarify what your question is? Are you asking how/when to quit? How to get paid? etc. – enderland Sep 8 '15 at 0:40
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    "and told me he was going to come in Monday morning so he could send them off to his accountant." - Presumably this is the upcoming Monday you're referring to? If so I'm not sure I see the problem as it seems like there's just some administrative stuff to clear up before he pay you. There are some wage laws around this in the US but why would you want to blow up the relationship over something so minor? EDIT: Seems like there's more to this, can you clarify your post based on your comment below? – Lilienthal Sep 8 '15 at 21:12
  • yeah everything was settled until the owner came in today and told me i was going to get payd 1400 a month and i work 60 hours a week. – lluvia guerrero Sep 8 '15 at 21:50
  • 9-8-2015 is what i meant by today – lluvia guerrero Sep 8 '15 at 21:59
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    @Iluvia: If he's changed the pay or the hours, that's a completely different question, so please ask it separately (Use the "Ask Question" button). We work differently from most other forums here - we're not just focussed on all your issues in one thread. Each 'thread' should be a separate question, and answers to "what do i do when I didn't fill in a W4" are very different from "What do i do if my employer changes my pay. – DJClayworth Sep 9 '15 at 15:00

This sounds like it's a bureaucratic hiccup. Your employer expected you to fill in a W4, and you filled in only the stuff he gave you. He may have expected you to fill it in of your own accord, or he may have forgotten about it. You and them are probably relatively new to the employer/employee relationship, so it's not too surprising. It's also pretty minor in the big scheme of things. You can download a W4 and have it filled in ready for the next time you go to work.

It's also (as far as I know) not absolutely necessary that you fill in a W4 before you get paid, although it is much simpler if the paperwork has already been filled in. your employer won't know exactly how much to pay you until he sees your W4, so he would have to go back and adjust things later. It also sounds like your employer is doing his best to sort things out.

Refusing to work at this stage would be an overreaction. If you need money now I would ask specifically for an 'advance on wages', i.e. giving you some money to tide you over now, which would be deducted when you are finally paid properly so you end up with the right amount. Obviously if time goes on and no pay is forthcoming, quitting is entirely appropriate, but with new employees and small businesses there needs to be a little slack.

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    don't forget to get the state version of the W-4. – mhoran_psprep Sep 8 '15 at 11:13

If you have been working 3 weeks and no pay and he's not making any effort to deal with the situation, it sounds like he's trying to get as much out of you as he can and has no intentions of paying you. Maybe he knows that you are intending to quit?

I'd advise you to go immediately to your local employment office and ask what your options are. You may have to take legal action to get your money. At the very least, understand what your options are before you are forced to confront him. I have found that often when faced with an informed employee rather than an "ignorant kid" most employers will pay what they owe rather than risk getting into a legal battle or having the government get involved. I have faced this situation twice and both times it was clear that the employer believed they could take advantage of me because I was young and could be intimidated. I was very glad to have advice from the employment agency and to feel that they were available to support me.

  • yes i talk to him and the owner and when they first hired me they said they were gonna pay me 1700 bi weekly because i worked 60 hours a week but now he says hes paying me 1400 a month – lluvia guerrero Sep 8 '15 at 21:52

A W4 is NOT required to get paid. Insist that you get paid immediately and file a complaint with EEOC immediately if he balks. All the W4 does is set how much tax you want withheld. Without one they will just assume you are single no kids.

The other paperwork you provided (Social Security number and ID) is for the I9, which is a required form, but not to get paid.

I actually had to go pretty far up the bureaucratic ladder at my current job to get a W4 because they are in the middle of switching systems. It wasn't going to affect when I got paid, just how much they took out for Uncle Sam.

  • yeah i told him i needed the money and he didnt give me whatever he owed me he didnt give it to me and ive been working for him for 3 weeks now and i have been telling him that he needs to come in and get my paper work but he just keeps saying tomorrow \ – lluvia guerrero Sep 8 '15 at 15:34
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    If there is new information like this, please edit it into the question. – DJClayworth Sep 8 '15 at 15:40

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