How can I receive my last paycheck?

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How can I receive my last paycheck?

My last day working with my former employer
was September 23,2016. I was suppose to
receive my last check October 7,2016.i spoke
to Human Resources and they stated that my
manager entered my last day as September
16,2016 which caused me not to receive a
check but she sees my hours entered on my
time card. Human Resources told me to
contact my manager, have her fine a claim to
correct my official leave date of work and
authorize my official paycheck. I reach out to
my supervisor but never heard back. What will I
have to do to receive my last paycheck?

Asked on October 7, 2016 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You sue them: that's how you get money from someone who owes it to you but will not pay. You would sue the company for the amount of the final paycheck; to win, you would have to convince the court by a "preponderance of the evidence" (that it is more likely than not) that you did the work; you could use timecards, your own testimony, the testimony of coworkers who saw you at work, etc. to prove your case. Depending on how much is at stake, suing in small claims court, as your own attorney or "pro se," may be an excellent option.


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