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is it legal to not pay me? Texas Texas

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  • is it legal to not pay me? Texas Texas

    Is it legal for an employor not to pay me for a shift. I had 12 hrs missing from a paycheck 2 pay periods ago. I attempted to get in contact with my hr person and got no response. She now says that pay period is archived and I will not be paid. This was for a paycheck 3 wks ago. Is this legal?? Thank you
    Last edited by mistyy; 04-20-2009, 07:54 PM.

  • #2
    It seems you are an hourly non-exempt employee.

    No, this is definitely not legal. You have to be paid for all time/hours worked. You can put in a claim with the TWC. (Texas Workforce Commission)
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      Yes I'm sorry I should have been more specific. I am an hourly non-exempt employee. Her reason for not paying me is that pay period is archived and filed away. Which is crazy because that pay check was 3 wks ago! Do you know where something is documented that I could show her?

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      • #4
        Just file your wage claim with the TWC. Your employer will have to prove you did not work those hrs.

        Before doing the above, is there someone else above (a higher level employee) this HR person that you could talk to? It seems awfully strange that she cannot get to these records - where the heck are they archived at that she can't get to them?
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment


        • #5
          yes, she sent an email to the 3 pol above me. One said she has done all she could and I have not heard from the other 2 yet. I am a nurse and it is clear that I was there that by my documentation in the computer. I think she is trying to use me as an example because she is tired of people not picking up their direct deposit statements for months and then noticing a pay error. But in my case I noticed the day I got paid. I work the night shift which makes it difficult to communicate with the business office as I sleep during the day. But I came 2 times to talk to her. The first time she left early and the second time she was late and had a meeting first thing so she couldn't see me. I left her emails and filled out time adjustments sheets within a couple days. I didn't see anything on my next paycheck so I brought it up again and now she says I'm too late for her to fix it. She said I need to pick up my statements in a timely manner to find these errors. But if she checked her records she would see I picked upstatememt the day it was available. She has apparently done this to quite a few people but no has raised concern. My supervisor just said "soryy I tried". Sorry but my $250 doesn't get flushed down the toilet that easy!

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          • #6
            No legal reason, no moral reason, no ethical reason, no logical reason. Just poor procedures and bad customer service.

            "Archived" pfft. What they MIGHT mean is that (assuming you're on an automated time reporting system of some description) is that the pay period has been closed and can no longer be edited. That's a term one of the major T&A systems uses for that process. But, so what?

            Sorry, I'm tired and cranky this morning (not much sleep and coffee isn't ready yet). But there is no excuse for this "excuse", legal or otherwise. And just so you know, payroll management is my area of expertise and my career.
            Last edited by Pattymd; 04-21-2009, 01:10 AM.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Well I'm quite cranky this morning too so that makes 2 of us lol. I worked in payroll for several years before i came to nursing but mostly as an assistant. Helping cut checks, inputting hours etc. I don't really know the laws and such but there is no way our company would have worked this way. First off if I noticed an obvious error I would find the person or their supervisor and straighten it out before I just didn't pay someone! She actually had the nerve to send an email regarding all this to the administrator of our facility. I'm not sure if she has received the email yet but surely this can't be their "procedure". I think it's one lazy HR person who doesn't want the hassle of figuring out my correct pay.

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              • #8
                I'm not cranky & I haven't even been to bed yet. Patty, I hope you have had your coffee by now.

                I can see why mistyy is cranky - what a hassle trying to get your pay due you.

                If no one at work takes care of this for you, just file your wage claim.
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                Comment


                • #9
                  Originally posted by Betty3 View Post
                  I'm not cranky & I haven't even been to bed yet. Patty, I hope you have had your coffee by now.

                  I can see why mistyy is cranky - what a hassle trying to get your pay due you.

                  If no one at work takes care of this for you, just file your wage claim.
                  I have, Betty3, I'm on my third or fourth cup, I forget.

                  Honestly, if this was two pay periods ago, I'd just file the wage claim now. They've had more than enough time to fix this.

                  Misty, has anybody even researched this to find out WHY the shift was not paid?

                  I've managed a couple of large payroll operations and I had a banner in both of those big rooms that said "What If It Were Your Paycheck?"
                  Last edited by Pattymd; 04-21-2009, 03:32 AM.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                  • #10
                    I work a 7p-7a job. It shows that I didn't clock in at 7p which is a good possibility. Like I said I've worked in payroll so I know how frustrating it can be to fix things everytime ppl don't clock in but it happens. I clocked out at 7a show clearly I was there. Its not hard to verify whether a nurse was on duty or not. And my supervisor let her know I was there and she basically said i'm not disputing that she worked, it's too late to fix now. How do I file a wage claim? I'm giving the administrator a chance to take care of it today but today is the last chance they have.

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                    • #11
                      http://www.twc.state.tx.us/ui/lablaw/ll1.pdf
                      http://www.twc.state.tx.us/ui/lablaw/wcproc.html

                      Especially if you did not clock in, this should have been found and corrected before the time file was closed and submitted to payroll. Any decent T&A system has audit reports that report missed punches.
                      Last edited by Pattymd; 04-21-2009, 04:48 AM.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                      Comment

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