Legal Question in Workers Comp in Missouri

id like to know is it legal for my employer to pay me with a personal check and do not give me a check stub?

Asked on 3/28/13, 1:32 pm

1 Answer from Attorneys

Anthony Smith LawSmith

I do not see why you referenced this as a Worker's Compensation case. Worker's Compensation deals with compensating employees for injuries suffered on the job. If you are an injured worker, and your employer is compensating you with personal checks, it is unusual, but may not be unlawful or illegal.

If your posting was regarding payment for work done, not injury, the situation is a bit different. Employers are required to withhold taxes and account for those amounts. The Check Stub is a convenient way to do that. It may be lawful for an employer to provide that information online or by some other means. But, they have to account for amounts paid and withheld.

Are you sure that you are an employee. Depending upon the type of work you do, (and the oversight or control over when and how you do it), the person paying you may be treating you as a vendor or independent contractor. In that case, it may be okay for them to pay you with a personal check, without need to withhold anything.

If this has not resolved your issue, I suggest you consult directly with an employment law attorney. Many attorneys offer a free or low cost initial consultation. Take a copy of your most recent check, gather any other relevant documents you have, and contact an attorney in your area. Be prepared to answer many questions about how and when you were hired, the scope of your work, and if there are any other people doing the same or similar work for this "employer." Employment lawyers often advertise in the Phone books. You may find one online or through the Bar Association.

Good luck

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Answered on 4/05/13, 8:59 pm

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