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.
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