Legal Question in Business Law in Texas

Can an Employee Use A/R Check to Offset Payroll Checks not received

Sir:

My employer owes me $ 25,000 in reimbursements for

business. He has yet to pay me. Can I seize accounts

receiveable checks and take them and reimburse me

for my out of pocket outlays.

And, pay the credit card companies for all the charges

the company ran up on my credit cards in the conduct

of business.

Oh....They fired me effective tomorrow 1/15/03

They have not paid me my wages in one month $ 10,000

They have not paid my benefits, either.

Oh....I also filed a workers comp case ,for being in-

jured on the job, too. Still working at the office

too.


Asked on 1/16/03, 9:04 am

2 Answers from Attorneys
Robert Forrester Gibson, Ochsner & Adkins

Re: Can an Employee Use A/R Check to Offset Payroll Checks not received

don't know where u r in Texas butyou need to get yourself to a good labor, criminal & business litigation lawyer immediately. You have been had and recovering your money may prove to be impossible if the employer is broke.

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Answered on 1/16/03, 9:59 am
Trang Tran Tran Law Firm L.L.P.

Re: Can an Employee Use A/R Check to Offset Payroll Checks not received

1. Texas labor code requires an employer to pay in full a discharged employee no later than the 6th day after the date of discharge.

2. There is also a prohibition under the Texas labor code against employer retaliation against an employee who files a worker's compensation claim. Retaliation for filing a workers compensation claim is a cause of action provided by Texas statute.

3. It is unwise to divert an employer's account receivable checks. The better option is to document the company's reimbursement arrangement, collect evidence that reimbursements falls within the company's reimbursement parameters, and collect through legal action.

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Answered on 1/16/03, 10:05 am


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