Legal Question in Employment Law in New York

My former employer currently owes me about 10K back up salary. (Initially they owed me 3 months back-up salary) It has been close to 2 years and 7 months, since I left that company. They are willing to pay me, but less than the actual amount they owe me.

Reason: They have been audited, and they reported everyone's last day incl. mine and they told them that my last day was on 9/10/07. (My real last day was on 10/5/07)

They are saying they Can Not pay me anything after 9/10/07, because they reported my last day was on 9/10/07.

The reason why we have 2 dates as my "last day" is I was told that they can not pay my 3 months back-up salary was on 9/10/07, but I was an office manager, so I worked until 10/5/07 to finish up all the projects I was working on. The president of the company and I discussed and we decided it was not a good idea for an office manager to just disappear, because I was dealing with the students and the parents, so I would stick around and finish up all the project.

I know I am entitled to get paid all hours I worked for the company, incl. the period 9/11/07 - 10/5/07. No one is asking them to change my last date to 10/5/07. They say they are afraid that they will get in trouble if they pay my wage bet. these period since they have reported my last day as 9/10/07. I think there are ways for them to pay my wage bet. 9/11/07 - 10/5/07.

I am in need of my money immediately, as I am facing the eviction notice. They gave me ultimatum at one point that if I do not accept the amount (about $ 2K less), I may not see a penny for a long time !. I have already contacted the Labor Dept. and waiting for them to send me a claim form, but it will take a long time for them to investigate the case, so I'd prefer resolving this issue own my own.

I would appreciate your advice.

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