Does my employer owe me money

UPDATED: Oct 1, 2022

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Does my employer owe me money

I Quit my job in December because my
checks were always short at least 100
every time but when I would do the
math everything always seem to add
up. 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 and their response was
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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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