When an employer issues your paycheck and it’s wrong, how long do they have to fix it and get your money owed to you?

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When an employer issues your paycheck and it’s wrong, how long do they have to fix it and get your money owed to you?

Asked on December 30, 2015 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

They should fix it by the next payroll. If they don't, in theory, the employee could sue for the money, but if the problem is fixed prior to the lawsuit, the suit would then be dismissed as moot (there's no issue to sue over, if the employee has the money before trial). Therefore, especially around the holidays when things get chaotic, it's a good idea to give 2 - 4 payroll cycles to fix the issue before taking legal action--if it's not fixed by then, then it's reasonable to think the employer is not fixing it.


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