Tuesday, May 25, 2010

Without a W4 form am I still employed?

I started a night position at a hotel that is under new ownership, and for about a week now i havent signed any paper workproving that i work there other then detailed e mail from the manager.I was offered a more organized job and left on an e mail stating it was my last day in the night position and was going to a different hotel and could work still but as a part time day crew.He has declined and wants a W4 form.Was i fired or did i quit?When should i get paid?No other employees know when pay day is.Most as well have not signed any paper work.Help
Answer:
This sounds a little fishy to me. You should know when payday is and that is when you should get paid. Keep track of how many hours you worked and expect a check soon. If you do not get one in the next two weeks I would call federal wage and hour division. Keep proof of that email. When you wrote the letter that you will no longer work the shift you were hired for you quit your job. You cannot decide what shift you work. It seems that place is not doing things too legally.
I think you quit.

The W4 form is a good sign, because it is used to calculate the withholdings from your paycheck. If he wasn't going to pay you, why does he need to know how much to withhold? Any percentage of zero is still zero.

Just go to your new job and give the old job the W4, but ask him when you can expect to see the money.
W-4 has nothing to do with being hired or holding a position. It is merely a tax withholding statement required by IRS for proper documentation and withholding of taxes. He cannot withhold your pay as a result of not filing the form however he may and should have documentation from previous owners on all employees and file and withhold based on those records or summarily submit for withholding on a 1 exemption, unmarried status which allows for the highest withholding amount. New ownership does not change paydays as those are defined by state law in which you must be paid within a certain number of days beyond the end of the period work which is 2 weeks in my state.

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