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Salaried employee not being paid Texas

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  • Salaried employee not being paid Texas

    I'll try and keep this simple.

    My company is in difficult times. I am a salaried employee. I have no employment contract. I have not been paid in over a month and a half, 3 pay days, because the company has no money. I have been offered a voluntary layoff.

    If I take this layoff are they responsible for paying me what is owed?
    How long do they have to pay it?
    If they come into money down the road and then refuse to pay is there any easy way to make them, i.e no lawyers?
    Will I be eligible for unemployment?


  • #2
    If you have continued to work, they are in violation of the Texas Payday Law, whether they lay you off or not.

    You should have already filed for unemployment benefits; not because you've been terminated yet, but because you have not been paid. You should also immediately file a wage claim with the TWC; I'm surprised you haven't done so already.

    Whether or not you would get UI benefits if you accept a "voluntary" lay-off is the state's decision, but you'd probably no worse off than you are now, because you're working and not getting paid.

    What happens if you don't accept the "voluntary lay off"? Are you going to be expected to continue working without pay?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.