can i sue and win

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can i sue and win

former employer withheld last paycheck for not returning work shirs provided by
company, wondering if i can sue for that and when i brought shirts and recieved
paycheck he had deduced 200 for a pay advance that i never had

Asked on February 4, 2017 under Employment Labor Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

TX has a payday statute which requires employers to pay wages owed to a terminated employee by the earlier a week of thie leaving or the next regular payday; for employees who quit by the next scheduled pay period. If a worker is not paid when they should be, then they can file a wage claims with the TX Workforce Commission within 180 days after the wages became due. It is important to note that there are things that are legitimate reasons that give an employer a right to withhold a portion of a paycheck. For example, mandated child support, withholding for taxes, etc. Withholding a worker's paycheck for the reason theat you cite (i.e. return of a workshirt) is illgal unless you previously signed an agreemnt allowing for this. 


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