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Landscaper
- Thread Starter Lotek13
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disagreeable
Well-Known Member
He is legally obligated to pay you up to the minute you were terminated, if you were an hourly employee. How did your foot become injured?
army judge
Super Moderator
Sorry to hear that.
I see you are in Texas, great.
The Texas Payday Law regulates the timing of the final paycheck in section 61.014. If an employee is laid off, discharged, fired, or otherwise involuntarily separated from employment, the final pay is due within six (6) calendar days of discharge.
Since the "final pay" includes regular wages, fringe benefits payable under a written policy, and any other component of the pay, it is important to know what part of the pay must be paid at what time. Regular wages are due no later than the regularly-scheduled payday for an employee who resigned, and by the sixth calendar day for an employee who was laid off or discharged. The deadline for payouts of fringe benefits and other components of the pay, such as commissions and bonuses, is the same, unless a different payout schedule is provided in the wage agreement or policy relating to that particular component of the pay. In that case, the payment schedule outlined in the agreement or policy will determine the deadline for payment.
It is not legal to hold a final paycheck past the deadline for reasons such as failure to return company property, failure to sign timesheets, or similar problems. If the company knows or should know what the pay should be, it must deliver the final pay no later than the deadline, as noted above. Failure to return company property can in many instances be handled via a wage deduction or a property return security deposit. Failure to sign timesheets, or other kinds of rule violations, can be handled via a wage agreement that provides for payment of a lower wage during the final pay period unless certain conditions are satisfied. Such an agreement could, for example, provide something like the following:
WAGE AGREEMENT
[The bulk of the wage agreement goes here]
[Final paragraph:] I understand and agree that my pay rate for the final pay period of my employment will be [specify the amount - it must be at least minimum wage], unless I satisfy the following three conditions: 1) give at least two weeks' advance written notice of resignation to the Company if I leave voluntarily; 2) return all Company property that has been issued to me within "x" days of my final day of work; and, 3) no later than "x" days after my final day of work, give my supervisor any keys, passwords, or other means of access control to enable the Company to access its property, including computer files, that I used while employed. If I satisfy all three of those conditions, the rate of pay for the final pay period will be my usual pay rate.
/s/ Employee
/s/ [Company Representative]
[Date]
The above sample agreement is not an official form or policy of TWC. Such agreements can be extremely tricky and should be reviewed by an experienced employment law attorney prior to having employees sign them.
The TWFC handles wage disputes and complaints in The Republic of Texas.
http://www.twc.state.tx.us/news/efte/final_pay.html
Sent from my iPad3 using Tapatalk HD
I see you are in Texas, great.
The Texas Payday Law regulates the timing of the final paycheck in section 61.014. If an employee is laid off, discharged, fired, or otherwise involuntarily separated from employment, the final pay is due within six (6) calendar days of discharge.
Since the "final pay" includes regular wages, fringe benefits payable under a written policy, and any other component of the pay, it is important to know what part of the pay must be paid at what time. Regular wages are due no later than the regularly-scheduled payday for an employee who resigned, and by the sixth calendar day for an employee who was laid off or discharged. The deadline for payouts of fringe benefits and other components of the pay, such as commissions and bonuses, is the same, unless a different payout schedule is provided in the wage agreement or policy relating to that particular component of the pay. In that case, the payment schedule outlined in the agreement or policy will determine the deadline for payment.
It is not legal to hold a final paycheck past the deadline for reasons such as failure to return company property, failure to sign timesheets, or similar problems. If the company knows or should know what the pay should be, it must deliver the final pay no later than the deadline, as noted above. Failure to return company property can in many instances be handled via a wage deduction or a property return security deposit. Failure to sign timesheets, or other kinds of rule violations, can be handled via a wage agreement that provides for payment of a lower wage during the final pay period unless certain conditions are satisfied. Such an agreement could, for example, provide something like the following:
WAGE AGREEMENT
[The bulk of the wage agreement goes here]
[Final paragraph:] I understand and agree that my pay rate for the final pay period of my employment will be [specify the amount - it must be at least minimum wage], unless I satisfy the following three conditions: 1) give at least two weeks' advance written notice of resignation to the Company if I leave voluntarily; 2) return all Company property that has been issued to me within "x" days of my final day of work; and, 3) no later than "x" days after my final day of work, give my supervisor any keys, passwords, or other means of access control to enable the Company to access its property, including computer files, that I used while employed. If I satisfy all three of those conditions, the rate of pay for the final pay period will be my usual pay rate.
/s/ Employee
/s/ [Company Representative]
[Date]
The above sample agreement is not an official form or policy of TWC. Such agreements can be extremely tricky and should be reviewed by an experienced employment law attorney prior to having employees sign them.
The TWFC handles wage disputes and complaints in The Republic of Texas.
http://www.twc.state.tx.us/news/efte/final_pay.html
Sent from my iPad3 using Tapatalk HD
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