Legal Question in Employment Law in Texas
I have a contract with a company that states I get paid on or before the 7th of every month. My boss just advised me I will not get paid until the 16th of this month. Is this legal?
2 Answers from Attorneys
yes and no...contracts are legal documents and control BUT they can only be enforced by
court action...so is it worth it to you to fight? ie go to Court and only get what the "contract" says that is legally enforceable and be out court costs/lawyer fees?...
If you are an employee (as opposed to a contractor) then you must be paid on the regular payday under the Texas Payday Law. If that is the case, your remedy is to file a wage claim on the 8th. It's unlikely that the wage claim will be processed before the 16th but at least it would invite the TWC to investigate the employment practices of your employer and protect your right to file complaints about their wage practices.
If you are an employee AND work under a contract then you may also have separate contractual remedies. If you are not an employee and merely a contractor then your remedies are limited to any damage provisions under the contract plus anything you can recover under contractual liability theories. You would probably recover very little as a result of a nine day delay but spend a lot of money on court costs and attorney fees to get there.