I was terminated on April 27, 2012. My employer withheld my last paycheck and did not explain to me why. A month later, I received a civil lawsuit accusing me (and several others) of embezzling 1.4 million from the company.
I never pursued that final paycheck. But when I received my W-2 this year, it included those wages they never paid me.
I gave them a chance to send me a corrected W-2 showing the wages they paid, or in lieu, offered to allow them to pay me now. They failed to respond, so I filed a claim with the Dept. of Labor.
I now have a hearing tomorrow and the Commissioner told me she received a large legal package from my employer, and she is considering just letting this play out in the civil lawsuit. However, the civil claim has no bearing on the paycheck. They did not deduct it from the amount they requested....
What should I do for the hearing?