How can I receive my last paycheck?

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

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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