Sueing an employer?

Question

My wife worked for an individually owned small manufacturing company in Texas. It was owned by a local businedd man and was not a corporation. The office consisted of 2 people plus the warehuose personnel. During her time there, she was never paid on time. Payday was every-other Tuesday but wouldn't get paid until Thursday or Friday of that week. The accounts receivable's were so far behind that if a company didn't pay my wife's company then they had no money to cover payroll. Can anything be done for all the late paychecks received?

Also, she was terminated last Thursday and has just now received her last check yesterday. It was my understanding that an employer has to give you the last check at the time of termination? In addition, the check is significantly less than what it should have been. The owner has no records of hours worked by his employees as required by the DOL.Can we sue for paying us the wrong amount, or not keeping records? I'd like to stick it to this guy!

Answer 1

First there are federal laws that state the money must be paid 21 days after the work is performed if that happened, no problem.

second if your wife accepted late payment and continued to work. under that cenario, any court will look at that as an agreement... even if there was a contract, and things were continously done a different way, the actual waay things were done supercedes the contract since they oviously agreed by continuing wo work together.

There is no law against sloppy bussiness, so why she wasnt paid on time really doesnt matter.

There is no seperate law that says you have to pay someone the day they are terminated. It is just a practice most companies do to make a clean break so they dont have to have any more contact beyond that day.

Your claim that she owes you more is your responcability to prove. Employers are responcable to maintain records, for the state, and unemployment, however you would not have a claim against that aklthough they might get a small fine if they have not kept up those records.

unfortunatly I dont see anything decieving about this which is what you would have to prove, (and also the losses you sustained because of this) she was aware thet her next check would likely be late, and continued to work there.

I would urge you to put yourself in his shoes... it doesnt sound like the type of guy who is trying to rip you off... more like the type who ran a sloppy business and is suffering the consequences along with his employees.... learn the lesson and follow desicive leaders who take good care of themselves and thier people.

Answer 2

Well, I don't think they have to pay you immediately upon termination. That's just unreasonable in big corporations especially. But, there has to be a record of hours worked. Time cards or something. The labor board of your state would probably be the best place to start. Good luck!

Answer 3

You can sue him for paying the wrong amount. I don't think you can get anything for late paychecks.

As far as going after him for not keeping records, that would be up to the DOL and not you.

Answer 4

Check with your local Department of Labor office - a simple phone call will answer your questions in that area.