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Should I sign W 2 forms after Termination? What does mean that is missing 1 day from my payroll? OT .Bad Employer..I need Help!

Los Angeles, CA |

I was Hired two months ago and my employer did not provide me any form or policy to sign.
In Jan 2013 he fired me, and he ask me to stop by for sign this papers.I don t want go there again also He never provide me a termination letter.
I noticed that for the month of December He paid me from 12/03/12 to 12/16/12 with a check, and from 12/18/12 to 12/31/12 with another check ( he pays every two week ). The day of 12/17/12 is missing in the paystub+checks...That Monday I worked more than 9 hours .In the last two weeks I worked in total more than 80 Hours in two weeks. Over Time is Missing.
Any suggestion?

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Attorney answers 3

Best Answer

He is not required to give you a termination letter, but it is unlawful not to pay you for the time you worked and the overtime. Because he did not include all wages in your final paycheck, you are entitled to one day's pay for each day you have to wait to be paid - up to 30 days maximum PLUS attorneys' fees if you retain counsel. Call an employment law attorney. Many of us offer a free initial phone consultation and take wage cases without cost to you. 949-481-6909.


If you worked hours and if you worked overtime, he must pay you. You can make a claim with your states wage and hour board. I would of course, suggest you retain a CELA attorney to assist you.

Herbert Tan, Esq.

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David Andrew Mallen

David Andrew Mallen

Posted for attorneys


You have no legal obligation to sign anything after you have been terminated.

Given the amount in controversy, one option that may be your best is to file a complaint with the Division of Labor Standards Enforcement, also known as the Labor Commissioner's Office. They can assist you in getting the lost income you are entitled to receive at no cost to you.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

David Andrew Mallen

David Andrew Mallen


The advantage to the Labor Commissioner is you can do it yourself. If you had a lawyer, the lawyer could do this for you and get paid part or all of his fees by the employer. Sometimes employers are more afraid of lawyers than the Labor Commissioner.