W-2

[momm2500]

What is the name of your state (only U.S. law)? PA
i lost my job in 2009. i just received my w-2 and it shows an extra 40 hours added to my wages. i just realized they owe me my last week of pay for working with the company since we were 1 week behind on paychecks. i know in PA there is a law that they must pay me on the next payday. which they did not and it was pulling teeth to get them to send me the money for my unused pto. since it is now 1 yr, and my w-2 is wrong; do i give them only 30 days to comply to send a new corrected w-2 and how long do i give them to pay me my last week of pay? (it slipped my mind since i was busy dealing with the fact of a very ill child who eventually died) so this pay was the furtherest from my mind at the time.

 

[swalsh411]

What did your employer say when you contacted them regarding the alleged missing wages?

I have found that in most cases when an employer thinks their employer is "behind" on pay checks they are just confused about how pay periods work.

As far as your vacation payout is concerned, what is the company policy?

 

[FlyingRon]

Did you work there at the beginning of 2009? Your wages are taxable when they're paid out so your 2009 W-2 may reflect the last week of 2008.

 

[pattytx]

I'm sorry for your loss.

Contact the employer and ask them what payment(s) the 2009 W-2 represents.

Regarding payout of accrued vacation at termination, PA law does not make such payout unconditional. If the company policy is to pay it out, then they must; if they company policy says they do not pay it out, pay it out only under certain conditions, or is silent on the issue, they do NOT legally have to pay it out. Even so, it's likely that the SoL on filing a complaint with the DLI has long passed.
http://www.portal.state.pa.us/portal/server.pt?open=514&objID=553573&mode=2

 

[momm2500]

as for the pto/vacation it was part of the agreement when let go that i would receive payment for accurred pto/vacation. not a problem there. the problem is that they still owe me 40hrs of pay. i do not show any record of receiving it. when we were on bi-weekly paydays, we were always 1 week behind. it appears the w-2 is reflecting the amount of including the 40 hours, but they never sent me the check or direct deposit for it. i have even the payroll records they provided that shows what i actually have been paid. so PA law states i should have been paid on the next pay period (which was to be on 2/20/2009). there is no documentation showing that payment received. do i call the pa department of labor and advise them and let them impose sanctions and penalties to them?

 

[pattytx]

Call and ask them. If they sent you a check dated in 2009 and you didn't receive it, ask for them to stop payment and reissue it. We're kind of shooting in the dark here. If they won't do that, THEN you can contact the DLI regarding nonpayment of wages.

Regarding your W-2, however, even if the check didn't get to you, it still stays on the W-2; it was earnings and taxes withheld. In that case, it is the net pay only that is in question, not the gross pay and the taxes.