Legal Question in Credit and Debt Law in Texas

employment

My previous employer took 5 months to pay the last 2 checks that he owed to me at the time I was terminated. Can I take him to court to collect damages that I incurred as a result of him not paying the checks on time?


Asked on 12/23/05, 1:14 pm

1 Answer from Attorneys

Lynn Coleman Attorney-Mediator

Re: employment

I am also licensed in TX, and I can answer your question.

Texas Labor Code � 61.014 states that an employer shall pay in full an employee who is discharged from employment not later than the sixth day after the date the employee is discharged.

It sounds like you may have waited too long to make a claim. You must file wage claims no longer than 180 days after the date your wages were due. You cannot "sue" in a State court, but you can file a claim with the Texas Workforce Commission. The procedures for doing this can be found on their web site: http://www.twc.state.tx.us/ui/lablaw/lablaw.html

The Labor Code does not provide for a cause of action to recover consequential damages for failure to pay wages that you could sue for in State court. You may want to file a complaint against your former employer to report their conduct. Employers who repeatedly fail to pay wages on time can be required to post a bond. There are also criminal sanctions available.

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Answered on 12/23/05, 2:05 pm


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