If terminated, is it required that your previous employer pay all of your wages within the next week?
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If terminated, is it required that your previous employer pay all of your wages within the next week?
I work as a student assistant for a university part-time. I was fired a little over a week ago. While looking through the labor law I found a statement that employers must pay a terminated employee all money owed within 6 days (I think that it was title 2 Subtitle C, Chapter 61, Subchapter A, Sec 61.014 b). I was just wondering if this is true for all jobs and is it for all wages owed, including that of the last week I worked, because I have not received payment yet and it has been the 6 days. What should I do?
Asked on December 14, 2010 under Employment Labor Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Each state has specific deadlines regarding an employees final paycheck. In TX, in the case of an involuntary work separation (discharge, termination, layoff, "mutual agreement", and resignation in lieu of discharge), the employer has 6 calendar days from the date of discharge to give the employee their final paycheck. If the 6th day falls on a day on which the employer is normally closed for business, the employer is permitted to wait until the next regular workday to give the employee their final check.
If your employer is in violation of this statute, then you can file a complaint (i.e. petition) with the TX Workforce Commission "(TWC" - the agency which enforces state labor laws). The TWC conducts hearings on wage claims via telephone. Each party is given an opportunity to present their evidence. The TWC will then issue a written decision. An appeal can be made within 21 days from the date of the decision.
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