Whether you’re an hourly employee or a salaried employee, you deserve to be compensated for the work you have done, and receive that compensation in a timely manner. And yet so many employers miss paydays, putting employees in difficult situations. The Texas-based Law Offices of Dan A. Atkerson can help with unpaid wages and late paycheck complaints, helping you receive backpay when your employer fails to pay you on time.
Many of our clients fighting to receive the pay that they are owed ask us about the proper process for filing a wage complaint and seeking compensation. Let’s cover some of the basics below.
When Is a Paycheck Considered Late?
A paycheck is considered late when the employer misses the specified payday. There is no one-day buffer or grace period. You deserve to be paid on time on payday.
Texas Payday Law
Texas Payday Law makes the above point explicit. According to Texas Payday Law: “Wages must be delivered to the employee at their regular place of work during working hours, mailed by registered mail or by direct deposit to be received by the employee not later than payday, by any reasonable means, or to any person authorized in writing by the employee.”
For final wages, Texas Payday Law also explicitly states the following:
- For employees who are fired, laid off, or involuntarily released: Final payment is due within six calendar days of discharge.
- For employees who quit, resign, retire, or voluntarily leave: Final payment is due on the next regularly scheduled payday following their departure.
Filing a Wage Claim in Texas
When filing a wage claim under Texas Payday Law, you can file the complain online, or send a printed complaint via mail or fax to the Texas Workforce Commission (TWC).
You will have 180 days to file this wage claim with the TWC. This 180-day period begins on the day that your wages were first unpaid. Once the wage claim has been received, you will receive an acknowledgment from the TWC. The employer will be notified of the wage claim, and the TWC will request a response from said employer.
The Process for Investigating Wage Claims
The TWC will investigate the wage claim, and will reach out to the person who made the claim as well as that person’s employer if any addition information is needed. The TWC will then mail both the employee and the employer about their findings and decisions regarding the wage complaint.
Appealing Wage Claims
If you or the employer disagree with the TWC’s conclusions, it is possible to file an appeal. This appeal must be filed within 21 days of the initial TWC decision.
How a Wage Claim Lawyer Can Help
Collecting the wages you are owed can be more of an ordeal than you realize. Working with a wage and employment law attorney can help you recovery the pay that you are owed, and seek additional damages to address financial losses associated with delayed/delinquent paychecks. This legal guidance can be invaluable as you file complaints and even appeals, especially given the process involved.
Contact the Law Offices of Dan A. Atkerson
If you would like more information about collecting wages that you are owed, be sure to contact a skilled workplace wage and employment law attorney. You can reach our legal office by phone at (214) 383-3606. We are here to listen and offer our help.