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NPCollins
11-01-2005, 10:34 AM
2 weeks ago I resigned from my employer to take another position at another company. At the time of my resignation, I had worked 1 week into the pay period. We were paid bi-weekly. I was a salaried manager. It was agreed that I would be paid 7K per month, plus 500 per month for a vehicle allowance. ( I have the pay stubs to prove that this was in effect.)

After my resignation, I waited for my final paycheck, plus an expense check of over $300 for mileage to a job site. The only thing that was paid was an automatic deposit for $440 dollars which I cant seem what it was for. Only our wages were automatically deposited, not our expenses, at least in my case.

I have attempted to contact my former employer but I always get the answer that he isnt in, or he is in a meeting. I have tried numerous times to call his cell phone, and have left messages, but none have been returned. Nor have I recieved a pay stub indicating what exactly was paid.

This individual is very confrontational ( I have seen this on 3 different occasions when individuals have resigned ) I dont want confrontation I just want what is due me. So approaching this individual in person isnt something that would be productive.

Moreover, If I did work 7 days into the next pay period, shouldnt the gross due me be 1750 ? plus 1/4 of the allowance for my vehicle ? In addition, I also had 1 week of vacation time left that I didnt use. I WASNT terminated, I in fact resigned. Is the vacation time also due me ?

I just need some direction as to what is due to me and what to expect

thx

NPC

Pattymd
11-01-2005, 01:12 PM
A salary of 7K per month is actually $1615.38 ($7,000 X 12 months / 52 weeks). But it sounds like from what you posted these are the wages due you. State regulations do not require the employer to pay you accrued vacation at termination unless the company policy states that they will.

At this point, I would recommend contacting the Texas Workforce Commission and filing a claim for unpaid wages, since you cannot get an answer from the company.

Expenses are not wages and payment of such is not regulated by state or federal wage and hour laws. You will probably have to file a civil claim for that reimbursement.

Also, the auto allowance issue may not be addressed by the TWC either, since it is not regular wages, but is a perq in addition to your regular salary; you can ask them though.

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