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Can my former employer withold my pay
since I left for a competitor?

Asked on October 28, 2016 under Employment Labor Law, Texas


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

Answered 6 years ago | Contributor

No. an employer cannot refuse to to pay an ex-worker for all hours worked. This is true no matter what the reason for the employee's departure. So for example, absent a union agreement or employment contract to the contrary, if they left owing the business money, etc., the company's recourse would be to pursue the employee for that separately. In other words, it would have to pay the wages and then attempt to collect. However, that does not seem to the case here, your situation seems more straightforward. Accordingly, if your former employer refuses to give you the compensation owed, you can either file a wage claim with your state's departmemnat of labor or file suit in small claims court.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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