Q: Is it illegal for an employer to not allow access to my w2s and paystubs once i have been let go from a job?
I was let go from my job and our paystubs and w2s were given thru a website, which i have been removed from being able to access anything from. I have been in contact with my previous manager multiple times and she has asked the owner to send an email to me with a link to log into the site, but he has not done so. I even asked to have my stubs and w2s printed out for me and i would go pick them up, but still no response from the owner. What rights do i have in California regarding this issue and what can be done legally to obtain my records? Thank you in advance for your time.
A:
In California, employers are required by law to provide access to your W-2 forms and paystubs. Even after employment has ended, you retain the right to access these documents, as they are crucial for tax reporting and personal records. If your access to these documents through the employer's standard systems has been revoked following your departure from the company, the employer must still find a way to provide you with the required documents.
You should first make a formal request in writing for your W-2 forms and paystubs, outlining your attempts to access these documents and the lack of response from your former employer. This serves as a formal record of your efforts and their failure to comply. In California, if an employer fails to provide these documents upon request, they may be subject to penalties.
If the situation does not improve after a written request, you may consider filing a complaint with the California Labor Commissioner's Office. This state agency can assist you in obtaining your documents and may investigate the matter further to ensure that your rights are protected. Remember, it is important to act promptly, especially with tax documents like the W-2, as there are deadlines for filing taxes.
A: Under Labor Code 226(c), an employer must provide copies of your payroll records within 21 days of your oral or written request or face liability for $750 in statutory damages and attorney's fees plus an injunction to produce the records.
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