What to do if my former employer refuses to pay me for hours worked and provide me with my W-2?

UPDATED: Feb 15, 2012

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What to do if my former employer refuses to pay me for hours worked and provide me with my W-2?

My former employer terminated for refusing to work on the clock. She also refuse to pay me for my hours employed for 3 months and refuses to give me my W-2. I continued to call and she told me the next time I call she would get me for harassment so I went up there with an officer who told me that this is an civil suit.

Asked on February 15, 2012 under Employment Labor Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The officer is right; this is a civil dispute, not a criminal matter. You have a right to be paid for all hours you worked; therefore, your recourse  is to sue the employer for the money she owes you. Depending on how much is at stake, you may choose to sue in small claims court, representing yourself--such as if the total is, say, $3,000 or less--or you may wish to hire an attorney to represent you--if you're seeking more than $3,000.

As for the W-2: worst case, you can file your taxes based on your pay stubs and other evidence of salary, if she simply does not generate a W-2.

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