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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 29818
Experience:  Lawyer
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I started working for my employer on October 11th 2016. I

Customer Question

I started working for my employer on October 11th 2016. I was notified that I would get paid semi-monthy, 1st and the 15th. I have not received any compensation, nothing. I spoke to my employer last week and they stated they did not have any hours imputed for me previously. They sent me an email afterwards, stating that I would receive 3 direct deposits today November the 15th 2016. I have not received anything. I have not filed or reported anything to anyone else except my employer. What should I do?
Submitted: 8 months ago.
Category: Consumer Protection Law
Expert:  Lucy, Esq. replied 8 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

You may want to call your bank before doing anything else to see if they have any information about a pending direct deposit. I used to work for a bank, and sometimes they can see pending deposits before they post to your account or show in online banking. Banks don't always process direct deposits the moment they're received.

If there's no deposit, you can file a wage claim with the state of Texas. A wage claim can only go back 180 days, so there's no reason to delay.

It's actually a felony under Texas law for an employer to fail to pay an employee when their wages are owed. Tex. Labor Code, Section 61.019. Another option is to let you employer know that, if they do not pay you, you'll be forced to file a wage claim with the state, and the state can press criminal charges against them - one count for each paycheck you did not receive as scheduled.

It is a violation of federal law to terminate an employee in retaliation for exercising their rights, so your employer cannot fire you legally for seeking pay for work performed. If they did, that would be a separate lawsuit.

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Expert:  Lucy, Esq. replied 8 months ago.

Do you have any other questions about this?