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My previous boss did not pay me for over 3 weeks of tips and…

Customer Question
My previous boss did...

My previous boss did not pay me for over 3 weeks of tips and a paycheck and I don’t know what to do

Lawyer's Assistant: Was this wage-and-hour issue discussed with a manager or HR? Or with a lawyer?

It was a small business, there wasn’t no HR and my checks were suppose to be sent to me as it was after I had stopped working there

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I don’t belong to a union

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My previous employer claims it’s because I didn’t return my one uniform shirt on time, so he doesn’t have to give me my checks, can he do that?

Submitted: 3 months ago.Category: Employment Law
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Answered in 5 minutes by:
3/31/2018
Employment Lawyer: legalgems, Lawyer replied 3 months ago
legalgems
legalgems, Lawyer
Category: Employment Law
Satisfied Customers: 13,604
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Employment Lawyer: legalgems, Lawyer replied 3 months ago

I am sorry to hear this;

what state is this in?
Also was the employment relationship terminated by the employee or employer?

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Customer reply replied 3 months ago
San Antonio Texas, it was terminated by the employee. I fulfilled my full 2 weeks after my notice as well
Employment Lawyer: legalgems, Lawyer replied 3 months ago

Thanks; a few minutes please.

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Employment Lawyer: legalgems, Lawyer replied 3 months ago

Texas law prohibits unauthorized deductions from wages; please see:

http://www.twc.state.tx.us/news/efte/deduction_problems_under_tpl.html

As for failing to pay the last paycheck, if the employee quits, retires, resigns, or otherwise leaves employment voluntarily, the final pay is due on the next regularly-scheduled payday following the effective date of resignation.

A wage complaint may be filed here:

http://www.twc.state.tx.us/jobseekers/how-submit-wage-claim-under-texas-payday-law#howToSubmitAClaim

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Employment Lawyer: legalgems, Lawyer replied 3 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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