Getting paid for your time is crucial, especially for most workers who can’t afford to miss a paycheck. Hopefully, getting paid on time and every pay period is often something you won’t have to worry about, but what happens when you do? Learn more about how you can go about getting the money you’re owed.
Texas Payday Law
Your first step in getting the wages you’re owed is understanding the law that protects you as a worker. The Texas Payday Law falls under Chapter 61 of the Texas Labor Code. This law covers all Texas business entities, no matter how large or small. The law does not cover public employers such as the federal or state government and their subdivisions.
This law covers payments rendered for services no matter how they are computed, as well as commissions and bonuses, including certain fringe benefits. This law also covers disaster-related wage claims. There are a lot of terms and conditions relating to this law, so it’s always wise to ask a lawyer for help understanding your rights and submitting your claim. Most workers are protected under this law in the state of Texas, but there are certain cases where employees may not be covered.
Some terms of the Texas Payday Law include:
Delivery Of Payment
One stipulation of the Texas Payday Law for normal wages and not unpaid wages claims regards the payment method that is allowable by the employer. The law states that unless otherwise agreed to in writing by the employee, your employee has to pay you in United States currency, or by electronic transfer.
Your employer must pay you at your workplace during work hours, or by registered mail or electronic transfer not later than your payday. This payment must be paid to the employee, or to another person authorized in writing by the employee. For unpaid claims, payment will be remitted or collected from your employer in cooperation with the TWC and then transferred to you, usually via check or electronic transfer.
Final Wages
This part of the law states that final payments must be made to fit the delivery of payment section above. This portion also states that when an employee is laid off, fired, or otherwise discharged, the employer must pay the final wages within six days after termination. For employees who retire, quit, or otherwise voluntarily leave their position, payment must be given by the next scheduled payday. This part of the law also states that an employee may be available for fringe payments from things like unused sick days and benefits. If you haven’t received your final wages, you’ll likely need to file an unpaid wage claim in Texas.
Employer First
The first step in trying to get your unpaid wages should always be discussing the matter with your employer. When you discuss your wages, be sure to note the date, time, and what was said. Keeping track of details like this can help your lawyer later, should it come to that. Be sure that you have a clear calculation of what you’re owed, as well as the slips and methods to prove it.
When you speak with your employer about your unpaid wages, you’ll want to be polite and calm, but serious. Let your employer know about the Texas Payday Law, and that you’ll be following the steps legally allowed to receive your payment.
Sometimes, an employer will push your payment through, as they try to avoid any legal action or issues with the state. Speaking with your employer may be all it takes to get what you’re owed, however sometimes employers refuse to cooperate, and in such cases, you’ll need to continue your case against them. As you do, make sure you document all communication clearly, including any meetings, phone calls, emails, and so on. When handling unpaid wages claims, it’s always best to have everything well-documented.
Submitting A TWC Claim
Employees who haven’t been paid should always submit an unpaid wages claim. This claim makes it so your employer will likely have to pay you the wages, bonuses, and other payments owed to you, permitting your case is found to be true and right. Those who need to submit a claim can do so by themselves, even though it’s not recommended.
You can submit a claim through the Texas Workforce Commission. This is most often done online, though you may also submit your claim through the mail, or via fax. Those looking to file a claim will need to download the form WH-1. This can be found on the Texas Workforce Commission website via their online system. You may use the online system to file your claim, along with any applicable documentation, such as your identification, pay stubs, and any other supporting information.
Those who are mailing or faxing their claims will need to print off the form or request one by mail. Claims can be mailed to the Texas Workforce Commission at:
- Texas Workforce Commission
- Wage and Hour Department
- 101 E 15th St, Rm 514
- Austin, TX 78778-0001
However, it’s recommended that you not handle the claim yourself, as a simple mistake could lead to your claim being denied. An attorney is always the best way to file unpaid wages claims, as it removes the risk and gets you the money you need fast, with no upfront fees or hassle.
Get A Lawyer
As mentioned briefly above, the easiest way to file your Texas unpaid wages claim is by hiring a lawyer to help you every step of the way. Attorneys know what they’re doing, and are able to get your money without any issues. Officials are also more likely to work with lawyers, meaning your claim may get approved sooner. You’ve spent time working, you may have even spent time building your small business, and a lawyer is able to put in the time to get you the wages you deserve.
While handling your Texas unpaid wages claim may seem simple enough to do on your own, there are a lot of reasons why it’s not. The Texas Payday Law is a somewhat complicated law for someone who isn’t familiar with the law, and the information required to file a claim has to match applicable terms detailed within the law. An average citizen may miss something that a lawyer wouldn’t. This can prolong your case, having you go even longer without your hard-earned money.
Hiring a lawyer to handle your unpaid wages claim is smart, and offers a lot of perks. Some of these benefits include:
- Accuracy- Lawyers know how to navigate legal forms and fill them out correctly.
- Easy and Fast- Using an attorney to file your claims makes it easy, you just may get a response quicker as well.
- Extra Help- Sometimes things happen and extra help is required. An attorney will be better equipped to handle things should issues arise.
Final Points
Waiting for wages that you’re owed is stressful, especially when you have bills to pay and maybe even a family support. Holding your employer to their end of the agreement is crucial. Don’t go another day without the wages that you’re due. Hire a trustworthy, skilled attorney today to help you file your unpaid wages claim in the state of Texas.
Sources:
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