Employment Law Questions? Ask an Employment Lawyer.
My name isXXXXX'm a licensed attorney (State Bar of Texas). Glad to try and help out.
I'm pleased to share the following information with you. Here's how this works. Such situations are governed by the Texas Payday Law, or more particular as codified at Texas Labor Code § 61.014. For a quit or a resignation (i.e. not being fired), his final paycheck is due on the next regularly-scheduled payday following the effective date of his resignation. In other words, unlike with a termination, you don't have to go to any special bother (six calendar days in the event of a discharge). With no effective resignation date (yet), you have even more time on your hands until he lets you know (officially) what's going on, either by tendering a written notice of at least verbally saying he's quitting. And that statutory language about the next regularly schedule payday pertains to both salary and commissions (or bonuses) equally, no distinction based on how certain amounts may be regarded differently as an internal (accounting) matter. I mention that just in case you divide things up differently, as some dental practices do. So, unless you and he have a written agreement (contract) to the contrary, the botXXXXX XXXXXne is once you know the effective date of the resignation, his final paycheck is due on your next payday per your regular schedule. Do that and you'll be in good shape for compliance with the law.
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I truly hope all works out for you.
Thank You. What about any amount still in question due to adjustments, lab bills, and uncollected amounts. I am out of town without access to all of the information. Also if he came to the office on Mon. the 11th to get his personal items, is that considered a verbal resignation? I sold the practice to a DSMO on Feb 25th. So I would guess the next payday is still March 15 for my old practice. Would It need to be the full amount or divied on 15th and 1st of April per normal procedure.
Hope that helps some more and that all goes smoothly!
So I should be OK to wait until outstanding issues are resolved and verified? Also there are some questions regarding some of his previous pay calculations that he submitted to the payroll service, which could amount to him being overpaid for the last year. This coming to light probably contributed to his choice to not continue employment. I feel he may be going on the offensive because he knows this is an issue.
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