https://www.austinchronicle.com/columns/2003-10-17/182143/

The Common Law

By Luke Ellis, October 17, 2003, Columns

The general information presented in this column is not a substitute for legal advice. For specific advice geared to your specific situation, consult a licensed attorney.

Employment Law -- I Never Got My Last Paycheck

I got laid off from my job more than three weeks ago. But I still haven't been paid for the last two weeks of work I did before I was fired. I've called my boss a couple of times, but I still haven't seen a penny. How can I get my old boss to pay me without a big hassle?

The "Texas Payday Law" states that your employer must pay you all your unpaid wages within six days of being discharged from your job. So if your wages are more than three weeks late you have a legitimate complaint. There are several ways you can try to recover the money.

Your most "hassle free" option might be to file a wage claim with the Texas Workforce Commission. The TWC administers the Texas Payday Law, which is designed to help employees receive unpaid wages. Any employee who believes he has not been paid full wages can file a wage complaint. But don't wait too long because you have to do it within 180 days of when you should have been paid.

If you submit a wage claim, a TWC investigator will review your claim, a response from your employer, and any other relevant information. The investigator will evaluate this info and issue a written decision stating whether you are owed the wages. Both the employee and employer can appeal this decision if either is dissatisfied with it. You can download wage-claim forms from TWC's Web site (www.twc.state.tx.us/ui/lablaw/lablaw.html) and mail them to TWC, or call TWC for more info on submitting wage claims (800/832-9243).

You have other options as well. For example, you could file a lawsuit to recover the unpaid wages, or if you are a member of a union and the work you did was union related, you could file a complaint with your union. Whatever you do, keep fighting to get that money back. After all, you earned it!

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