Falsified Hire Date on Paystub: How to Prove and Claim True Seniority
Postdating hire dates on paystubs is unlawful; employees are entitled to calculate Art. 245 severance and collective seniority bonuses based on their true start date.
Does your paystub state a false start date?
Enforce your true seniority and recalculate your severance with Lead Attorney Dr. Guillermo Conti:
Essential Legal Distinctions
- Severance on True Service Length: Article 245 LCT severance applies from the very first day worked.
- 2-Year Seniority Bonus Recovery: Recover unpaid collective seniority increments from the past 24 months.
- Proven via Digital & Witness Evidence: Early emails, chats, and colleagues substantiate the true hiring date.
1. Falsified Hire Dates and Seniority Underreporting
Recording a hire date on paystubs later than the actual commencement of duties constitutes unlawful underreporting of seniority. Employers use this tactic to minimize statutory dismissal severance liabilities under Article 245 LCT and evade collective seniority increments.
2. Demand for Seniority Rectification and Backpay
Employees are legally entitled to demand formal correction of their hire date via statutory telegram. Upon termination, severance must be computed factoring in every single year worked from the true commencement date.
Frequently Asked Questions
What if my paystub shows 2022 but I started in 2019?
Your statutory severance seniority counts from 2019. Article 245 LCT severance must be paid on your true total service length.
How do I prove my actual start date?
Through coworker witness testimony, early emails, onboarding WhatsApp chats, or bank deposit records.
Can I recover unpaid seniority wage increments?
Yes. Retroactive seniority wage differentials under the applicable CBA can be claimed for the past 24 months.
What if the company fires me for demanding date corrections?
Retaliatory dismissal triggers aggravated severance multipliers under Argentine case law.