If an employer fires you, are they legally required to give you your last paycheck, regardless if you sign any papers at time or termination?

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If an employer fires you, are they legally required to give you your last paycheck, regardless if you sign any papers at time or termination?

When I was terminated from my employment (a large retail chain), I was required to sign a “Statement of Final Pay”. They said if I did not sign it, I would flat not be payed my final paycheck. Later, a district manager said that this was correct. By law, they would or could not pay me unless I had signed this statement of final pay. I’ve always been led to believe that an employer is required, by law, to give an employee all paychecks, no matter what. Was this district manager correct? Would it be legal for them to withhold my last paycheck if I hadn’t signed this statement?

Asked on June 9, 2012 under Employment Labor Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Texas Payday law requires them to pay you for the amounts due.  If the signature requirement was not part of your original performance agreement or conditions, then they cannot add new conditions after the work has been performed.    They can, however, note on the check that it is your final paycheck.  If they are refusing to give you a paycheck which is due, file a wage claim with the Texas Workforce Commission for a violation of the Texas Payday Law.


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