• Jul 17, 2019|
  • Posted by: Michael Francis|
  • Read Time: 3 minutes

How to File A Texas Unpaid Wage Claim

Texas wage claim

As an employee in the state of Texas, you have the right to collect wages for the work that you perform.

What’s more, you are entitled to at least the minimum wage--which is $7.25 per hour--and you may also be entitled to time and a half pay if you work over 40 hours in a seven-day period.

Further, if you are an employee who is exempt from the protections set forth by the federal Fair Labor Standards Act (FLSA), you are entitled to payment for work you’ve performed at least once per month.

If you are a regular, non-exempt employee, you must be paid at least twice a month per the Texas Payday Law.

However, Texas employers don’t always pay employees the wages that they deserve. If you believe that your rights under Texas’ Payday Law have been breached, you can bring forth an unpaid wages claim. Contact an experienced Southlake, TX employment law lawyer for assistance.

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Here’s what you need to know about how to submit a Texas wage claim--

Step One: Discuss the Issue with Your Employer

Before you file a wage claim, it’s recommended that you discuss the issue with your employer. Often times, any wages issues or disputes can be cleared up simply by having a conversation first.

However, if your employer does not respond to your request for payment and your wages continue to go unpaid, you should consider filing a wage claim.

Step Two: Learn More About Filing a Texas Wage Claim

You can file a Texas wage claim online or by filling out the form on paper and then mailing or faxing it to the Texas Workforce Commission. When you submit the form, you must include a copy of your most recent payroll check/pay stub.

The website of the Texas Workforce Commission has detailed instructions for submitting a wage claim online or through mail or fax.

It’s important that, before you file your claim, you understand the rules and regulations surrounding the filing of unpaid wage claims in Texas.

One rule that is especially important is the 180-day time limit; if you wait more than 180 days from the date that unpaid wages were due, you may forfeit your right to recovery.

Your unpaid wage claim may also be denied or declared invalid for the following reasons:

  • You are an independent contractor rather than an employee
  • The form is not filled out correctly and/or does not contain your signature; or
  • Your employer has filed for bankruptcy.

Step Three: Call a TX Employment Attorney for Counsel

You deserve to collect your wages, but sometimes the claims process can be complex and confusing. If you have questions about unpaid wages in Texas and how to file a Texas wage claim, an employment attorney is an excellent resource.

At the office of the Francis Firm, our employment lawyers are passionate about protecting the rights of workers in our state. If you think that you are entitled to wages that have not been paid, please call our law office at (817) 329-9001 or send us an online message for a free, no obligation consultation and information about your rights.

Author Photo

Michael Francis

Michael Francis is the founding partner of the Francis Firm and Flynn & Francis, LLP and has spent more than twenty-five years litigating personal injury and commercial litigation cases throughout the state of Texas and across the country. He is Board Certified in Personal Injury by the Texas Board of Legal Specialization.

Michael focuses his legal practice on personal injury and business litigation cases, with a particular emphasis on trucking, motor vehicle and complex commercial litigation matters. Michael has more than twenty-five years of experience litigating cases throughout the State of Texas, against many of the largest corporations and insurance companies. He has secured verdicts and settlements for clients in excess of $20,000,000.