What do I do If quite a job and they refuse to pay me my last paycheck and they will not send me a W2 so I can file my taxes?

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What do I do If quite a job and they refuse to pay me my last paycheck and they will not send me a W2 so I can file my taxes?

I worked for a tow truck company and they had a contract with AAA. I had to log into AAA system to log my hours and my sales, but I did not work for AAA so I do not know how I am able to get that information. The tow truck company says I can’t prove my hours and sales so they refuse to pay me.

Asked on March 6, 2017 under Employment Labor Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A worker must receive all compensation to which they are entitled. In TX, a final paycheck must be given on the next scheduled payday. If you have not received your pay, then you can file a wage claim with your state's  department of labor or sue your former employer in small claims court. However, you will need proof of your claim. Further, an employer is required by law to issue a W2to all employees. You can report your ex-employer to the IRS for this.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

An emplyer must pay employees for all work they did, including the final paycheck. If they will not, you could sue them (e.g.  in small claims court, acting as your own attorney or "pro se" to save on legal fees) for the money. To win the lawsuit and get a judgment ordering them to pay, you would need to convince the court that it is "more likely than not" (i.e. by a "preponderance of the evidence") that you did the work. You could use your testimony, the testimony of any coworkers or customers who saw you work, logbooks or notes of calls you want on, emails or text messages to/from about the work you did, etc. to prove your case.


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