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Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 34872
Experience:  16 years practicing attorney
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My name is ***** *****, and Iwas transferred from salary to

Customer Question

Customer: My name is ***** *****, and Iwas transferred from salary to hourly almost 2years ago.
JA: Thanks. Can you give me any more details about your issue?
Customer: The company did not pay me for the last pay period of my earned payment. I have talked with the plant manager and HR personel concerning this matter.
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Employment Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: Yes Mam.
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to helpwith your situation or get you to someone who can.

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Can you tell me what state you are in?

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I am not able to tell by your comments what you specific legal question is that I can help with tonight?

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thanks

Barrister

Customer: replied 1 year ago.
I live in Texas
Expert:  Barrister replied 1 year ago.

Ok, that is helpful.. Can you tell me what your legal question is?

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Are you asking if the employer can change your pay?

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Are you asking what you can do about your unpaid wages?

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Something else?

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thanks

Barrister

Customer: replied 1 year ago.
Thanks Mr. Barrister for hearing my complaint.
This is the situation tha I am facing. I was hired on as a salary employee 2/25/2013. I worked in that position over a year as a PepsiCO employee. The position was discontinue and I was able to transfer to production where I presently work.
A pay period had passed before my transfer and the company did not pay me the 80 hours since we were paid every other week. Since that time they still refuse to pay me for the 40 hours my check was short.
Expert:  Barrister replied 1 year ago.

Ok, in a situation like this you have a couple options. First you can always file a small claims suit against the employer under a breach of contract claim. The limit in TX is $10,000 and you don't need an attorney. The clerk of the court will have the summons and complaint forms you need to file to start the case..

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Or you can contact the Texas Workforce Commission and file a "wage and hour complaint" for the unpaid wages. The TWC will then investigate the complaint at no charge to you and can force the employer to pay you for any unpaid wages. The only catch is you have to file the complaint within 180 days of when the pay was missed. If you are past that deadline, then you would have to go the small claims route..

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Link to TWC wage complaint: TWC Wage Complaint

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thanks

Barrister

Customer: replied 1 year ago.
What protection would I have to prevent the company from terminating me through retailation?
Expert:  Barrister replied 1 year ago.

Again, the TWC and also the Equal Employment Opportunity Commission (EEOC) could intervene if the employer unlawfully terminated you for exercising your legal rights to seek compensation for your employment.

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Further, this is the kind of case that any employment rights attorney would drool over if you sued your employer for not paying you and then they turned around and terminated you without just cause..

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thanks

Barrister