My Employer Didn't Pay Me on Time: What Should I Do? By Dan Atkerson on December 20, 2023

When an employer fails to pay an employee on time or at all, an unpaid wage claim may be filed to recover the unpaid wages. An unpaid wages lawyer can help navigate employees through the claims process and may be able to recover monetary penalties for late payments as well as unpaid wages.

Unpaid wages lawyer Dan A. Atkerson explains how to collect unpaid wages during consultations with clients from Allen, TX, Plano, TX, and Frisco, TX. If you believe you’re owed unpaid wages, we welcome you to schedule a consultation.

What Are Unpaid Wages?

Unpaid wages are essentially wages that aren’t paid to an employee for work they performed. Unpaid wages in an unpaid wage claim can include more than a missed paycheck. For example, wages that are paid late may also qualify as unpaid wages for which an employee can file an unpaid wage claim.

Other types of unpaid wages include:

A late paycheck
Being paid less than minimum wage
Not paid an overtime rate for overtime work
Not paid for required “off-the-clock” work
Unpaid bonuses or commissions when an agreement is in place between the employer and employee
Not being paid for meals and rest breaks when an employer has agreed to pay for these types of breaks

Texas Payday Law Requires Wages to Be Paid

Under the Texas Payday Law, employers in the state of Texas are required to pay their employees on time and in full.

In addition, the law states that employers must post notices of paydays where they are visible to employees. Further, employees who are terminated from their job must be fully paid within six days of their termination and employees who quit must receive their full wages by the next scheduled payday.

File a Wage Claim to Collect Unpaid Wages

Under the Texas Payday Law, employees who are owed unpaid wages can file a claim to collect their payment through the Texas Workforce Commision (TWC). The TWC will then investigate the claim and if it is determined that wages are due, they will seek the compensation from the employer. Collected money will be sent to the employee by the Texas State Comptroller.

It should also be noted that claims must be filed within 180 days of the original date the wages were supposed to be paid. Also, if an employer has filed bankruptcy, the TWC cannot investigate. Instead, a claim must be filed with the bankruptcy court.

Speak with an Unpaid Wage Attorney

Filing an unpaid wage claim can become complicated, especially when a claim is denied or an employer has filed bankruptcy. If you believe you haven’t been paid for work performed, it’s important to speak with an attorney who understands the laws around unpaid wages.

An unpaid wage attorney can help you through the process of filing an unpaid wage claim with the Texas Workforce Commision, as well as help you if further steps are needed to get the compensation you deserve.

Contact the Law Office of Dan A. Atkerson

For help with your unpaid wage claim, or to learn more about options for seeking unpaid wages, we welcome you to contact our office to schedule a consultation at the law office of Dan A. Atkerson.