What to do if my employer owes me money?

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What to do if my employer owes me money?

I quit my job because my checks were always short at least $100 every time. Well, I recieved my W2 forms in the mail and compared it to my last check stub and saw the YTD wages were wrong, so I had a tax advisor look at them. Their response was that the total wages showing on my W2 were less because that is the amount stating how much I took home for the year after all deductions which were all right. They said if I was to add up my net take home pay from each paycheck for the year, it should equal out to be the same amount as on the form. So I returned with my pay stubs and we add every net pay from each pay stub and it was way off. My employer stated I made a net pay of $15,514.80 for the year but when we add up the net pay shown on each one of my check stubs it was totaling out to $12,330.45.What should I do??

Asked on February 1, 2018 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Ignore the W2 for a moment: figure out what you should have been paid for the number of hours you worked in total (if you were hourly; and including overtime whenever worked more than 40 hours in a single week) or based on your salary and the number of weeks you worked (if salaried). Then compare what you should have been paid based on the work you did vs. the *gross* pay you in fact received, since the gross is the total (e.g. your hourly rate vs. total number of hours worked), before withholding or deductions for benefits. If your gross pay was too low (less than you should have received for the work you did), you could sue the ex-employer for the difference; if the amount at stake is equal to or less than the limit for small claims court, suing in small claims, as your own attorney or "pro se," is a fast, cost-effective option.


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