Do I have a case if my employer deducted hours that I was clocked in for but still hasn’t paid me for?

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Do I have a case if my employer deducted hours that I was clocked in for but still hasn’t paid me for?

My employer deducted 7 hours from my check. I have proof of my hours worked. After I politely asked for them to correct the mistake, she got defensive and eventually said that she would pay me those hours that Monday. It has been 1 week since then but she still hasn’t paid me and it’s very irritating. I worked I should get paid right? I haven’t contacted her again because I don’t want to deal with her attitude again.

Asked on November 26, 2018 under Employment Labor Law, Texas

Answers:

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

Answered 2 years ago | Contributor

You have 2 cjoices here. You can take your emloyer to small claims court to recoup the compensation owed to you (you can also recover all court and related costs). You can also file a wage complaint with your state's department of labor. If your employer is cited for non-payment of wages you will recive all back pay and your employer may be fined.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can sue your employer for breach of contract / account stated.  Your damages (monetary compensation you are seeking in your lawsuit) are the amount you are owed.  You can file your lawsuit in small claims court.  Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee.


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