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  1. #1

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    How long does an employer have to issue check after he has terminated an employee?

    If the research I did was right in the state of texas they have no later then 6 days to issue the check after termination. Is this correct?



    I feel my previous employer who terminated me and my other half on July 7 is deliberately withholding our checks. It has now been 11 days and we have not received our checks in the mail.

    This employer threatened and harrassed me after termination. If he had not fired me I would of quit due to serious issues going on at that place of employment.

    One other question can they not pay me time and a half on this last paycheck for the overtime hours? They have on my other checks up to this point (at least to me) but other employee's they had not paid them time and half for their overtime, this employee owner said they did not have to.

    Thank you.

  2. Super Moderator Samaritan & Scholar

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    If you are fired, they have six days to release the final pay. If you quit, they have until the next regular payday.

    If you WORKED over 40 hours in the workweek, they have to pay you overtime. That is NOT counting any paid time such as vacation, sick, personal or holiday pay - it is hours WORKED, not hours PAID.

    If these laws have not been followed you can file a complaint with the Texas Workforce Commission.

  3. #3

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    Quote Originally Posted by cbg View Post
    If you are fired, they have six days to release the final pay. If you quit, they have until the next regular payday.

    If you WORKED over 40 hours in the workweek, they have to pay you overtime. That is NOT counting any paid time such as vacation, sick, personal or holiday pay - it is hours WORKED, not hours PAID.

    If these laws have not been followed you can file a complaint with the Texas Workforce Commission.
    does a person have any other options? I know this employer is deliberatley withholding checks. I feel to see if I am applying for unemployment compensation intimidation!

    Afew employee's who quit last week are going after this employer for none payment of overtime, this employer deducting money from their last check from a checklist the employer gave them along with their final check, for sexual harressment, intimidating and the employer asking them to lie. She did the same to me, I was afraid to do anything due to how she would react.

    I am getting very upset as this has been almost 2 weeks since termination and still no check. I have tried I have sent several emails to the business and another employee who works there with no response. I know other employee's who have quit besides the one's listed above are still waiting for payroll checks owned to them from as long as a month ago. Payroll is done bi-monthly.

    Can an employer legally do this and say it was not done intentionallly, when they have rec'd emails, phone calls from past employee's informing them they have not sent out the checks? Is there anywhere to place this information for future employee's? Is this something one can report to the better business bureau?

    Thanks again, and I appreciate the response up above.

  4. #4

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    Are there any other options I can take towards this employer?

    Two other employe's quit this past week and they have filed sexual harrassment charges, not paying time and half, the owners threats towards them. There are other employee's who have not rec'd checks some as long as a month ago.

    I have been told these owners are slandering my name there, saying there are missing items and then saying it was me! It's missing so it must of been me! A week before termination I made day to day manager verbally and with a written letter by one of the owners. Then fired for another reason then they slandering my name!

    I was terminated due to the fact I did send an email to one of the owners (as told by the minority owner) to do. She wanted positive feedback to counteract some of the negative. She told me and another employee to do this under assumed names. I did do this but I decided I would do it did stating the positives and the negatives under an assumed name, what I stated were things told to me by guests at the resort true facts. When the one owner fired me he threated me, intimidated me said I had slandered the other owners name and if I said anything he would file a lawsuit against me. Also he would use my past against me! Is this legal?

    Thanks in advance. I was going to let all this go but now I wonder if I should. No check and feeling it is all being done deliberatley and they are using intimidation to not pay me or for me to not file unemployment compensation.

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