I left my job about 2 weeks ago. I had given 2 weeks notice. I waited until our next pay day (11/1) to inquire about my check. I asked if it could be mailed to me as I work longer hours at my new job than I did there. I was told that it could not be mailed to me and that I personally have to come in to get it. Is that legal?

Although this is not the case, how would that work had I moved out of state?

Delivery of wages is covered by Sec. 61.017 of the Texas Payday Law. See: http://tlo2.tlc.state.tx.us/statutes/la.toc.htm. Essentially, there are a half dozen or so methods provided, and the employer may use any of them.

If you'd moved out of state, the law is the same.

Thank you for your quick response.

After reading that section, I have one more question.

Since I no longer work at that office, it appears to me that he cannot make me come get the check. (Of course I could be wrong and that is why I ask you smart people.)

An employer may pay wages by:
(1) delivering them to the employee at the employee's
regular place of employment during regular employment hours;
I am no longer employed at his place of business, therefor his office is no longer my "regular place of employment."

Is that the case?

The rest of the options are what I would like to have done, so (1) is the only one I have questions about.

My understanding of the law is that, if you request it by mail, the employer must comply with your request.

My understanding of the law is that, if you request it by mail, the employer must comply with your request.

I don't see anything in the law, or the administrative code (TWC's rules) that compel the employer to mail the wages, under any circumstances. The ideal situation is for the employee and employer to agree on a method of delivery, of course. It takes a rather obstinate employer to refuse to mail pay (as a matter of principle), and a rather obstinate employee to refuse to go by and pick it up (as a matter of principle).

If neither side will give, the employee can file a claim, and if TWC rules that the wages are due, the employer will mail the payment, but they'll mail it to TWC, some time later, and TWC will mail it to the employee, again, sometime later. Case resolved, but not to the employee's satisfaction, I'll wager.

RVand320, you're splitting hairs about what is your regular place of employment. The fact is, at the time the wages were earned, the employer's place of business was your regular place of employment. You also can work out a mutually acceptable time and place to get your pay. In this case, your former employer holds the cards, and the money. You don't have to play ball, but you will need to move some to get your money.