QUESTION
How long to wait until filing a wage claim?
Asked on Jun 02nd, 2014 on Labor and Employment - Texas
More details to this question:
I was layed off from my telecommuting job on May 20, 2014. I send in my timecard the next morning and was told my paycheck would be sent BEFORE the following Monday (May 26, 2014.) I allowed time for the check to be mailed and arrive, but as of today June 2, 13 days later, I am still without my final paycheck. I sent an email to my boss Saturday morning (May 31) inquiring about my final paycheck, and have not receive an answer. I am frustrated as I have bills to pay and close to falling behind. My question is, what is the appropriate waiting period until filing a wage claim? Since I am in a different state, would I file in my state (Texas) or the state of the office (California)? Is it smart to contact an attorney beforehand or file a claim straight away?
1 ANSWER
2 Awards
If your employer deducts California state taxes from your check, you probably need to file your claim with whatever agency handles unpaid wage claims in that state. Further, if you perform your work from California, that state would have jurisdiction over your claims.
In Texas, an employer must pay an involuntarily terminated employee within 7 days from termination and pay a voluntarily terminated employee on the next regular pay date. The Texas Workforce Commission - Labor Law Department will process a Texas employee's wage claim without charge. They woud probably refer you to the California agency if you are not a Texas employee.
Answered on Jun 09th, 2014 at 3:56 PM
The forgoing is for general information purposes only and does not constitute legal advice or establish an attorney-client relationship.