QUESTION

If I worked for a company without filling out application, does that give them the right to not pay me?

Asked on Jul 19th, 2013 on Labor and Employment - Texas
More details to this question:
I was hired thru a family members friend and was just told to meet Monday at McDonald's to ride with them to work. I worked 3 days and was sent home on the 3rd due to not enough work. I was fired later that evening via text message and they wouldn't give a reason. I heard thru family that it was because I was on my cell phone or something. Via text the boss also told me I would get a personal check for working on Friday. Friday came and he's telling me he don't have to pay me because I never filled out an application. I have proof on my cell phone where he fired me and told me I would get paid Fri. I told him on phone that what they were doing was wrong and if he wouldn't pay, I was going to seek legal advice. He then offered for me to start back working with them on Monday. Is what he's doing wrong?
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1 ANSWER

Litigation Attorney serving Weatherford, TX
Partner at ROGERS, LLP
2 Awards
Filling out an application has nothing to do with your right to be paid.  The boss is or was trying to cheat you.  If your employer fails to pay you, the Texas Workforce Commission - Labor Law Department (separate department from the unemployment folks) will accept your written complaint and force the employer to pay you.  However, this process does take a number of weeks.  You can contact them at 800-832-9243.  Good luck.
Answered on Aug 06th, 2013 at 2:19 PM

The forgoing is for general information purposes only and does not constitute legal advice or establish an attorney-client relationship.

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