Legal Question in Employment Law in Texas
Unpaid wages
I'm a nurse and I was terminated at a home health agency on aug. 31, 2006. I was supposed to receive my last check for the last 4 days of employment almost 3 weeks ago. When i called the office I was informed by the director(who yelled and talked to me disrespectfully) that I would not recieve my check unless i came in to do additional nursing notes. I informed her that I turned in all my notes for the current week on the friday after i was terminated.Since I am no longer an employee of this company I don't believe I am responsible to do paperwork for them(basically I would have to work for free). I informed them that I would not come in and that they should mail my check. I want to avoid a hostile environment. Since I am not willing to work for free,they have refused to mail my check. What legal options do I have to go about to get my paycheck? Is their a government/private organization that I can report this to?
1 Answer from Attorneys
Re: Unpaid wages
I would review carefully my obligations to chart under the Nurse Practice Act. If you owe them notes (or they believe you do) then get them completed. The last thing you need is a ding against your license for failing to do something and harm comes to a patient. Unless you have a legitimate fear of bodily harm or death (in which case call the police) no environment can be as hostile as a hearing before the Board of Nurse Examiners.
After (and only after) you have completed your professional obligations and the employer still refuses to pay file a Texas Pay Day Act Claim (within 180 days of date you should have been paid) with the Texas Workforce Commission.