If Ihave not received my final paycheck, what can I do?

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If Ihave not received my final paycheck, what can I do?

I recently left my employer because I felt that I was treated differently. In the 3 years that I worked for them I was yelled at, had doors slammed in my face, told I had a “small penis,” and other various treatments I did not see professional. Now I have not received my final paycheck. I have not been there in about a month. I called the corporate office and realized that I had not updated my current address, I corrected the mistake and still have not received it after 2 additional phone calls to fix the problem.

Asked on August 1, 2011 Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Some states have codified - written in to law - "rules" regarding the giving and receiving of last pay checks by employers and employees.  These are known as "last paycheck" laws.  States often differentiate between if if an employee was fired or they left voluntarily.  In Texas, if you were fired then your final check must be given within six days. If an employee quites, then the final check must be given on the next scheduled payday.  So I would be on the safe side and use the date you updated them on your address.  I would send a letter by certified mail and advise them that the address update was given on x date and that under state law you were to receive your paycheck on x date, the next scheduled payday.  That you have not and that should this go on past x date you will file a complaint with the department of labor.   You seem to have been mistreated by this company.  Seek consultation from an attorney.  You may have been forced out under state law.  See if you can file for unemployment benefits  Good luck.


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