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  • Tx issues

    http://laborlawtalk.com/showthread.php?t=75448

    I accidently posted in the wrong forum and am in need of help. Thank you

  • #2
    addressed in the Texas Labor Law forum

    which, see

    Comment


    • #3
      Monetary penalties deducted from pay check-minor

      I have a question regarding fines. In Texas, are companies allowed to withhold pay in the form of fines for violation of company rules?
      Can employees be penalized by (withholding pay in the form of fines) for failing to give 2 weeks notice . This is in reference to a minor.
      Are they violating the law?

      Comment


      • #4
        Originally posted by mdhpta
        I have a question regarding fines. In Texas, are companies allowed to withhold pay in the form of fines for violation of company rules?
        Can employees be penalized by (withholding pay in the form of fines) for failing to give 2 weeks notice . This is in reference to a minor.
        Are they violating the law?
        i know at my company, in the handbook it talks about at-will employment. it basically says I have the right to quit whenever I want for whatever reason, or no reason. In regard to the fines, it mightbe helpful for you to post a little more information because I would only be able to speculate. If in doubt, call HR or something

        Comment


        • #5
          It is NOT legal for employers to fine employees for violation of company policies.

          An employer CAN write-up, suspend, or fire a worker for violations, but an employer must pay for ALL hours worked. And that includes not giving a two week notice.

          Comment


          • #6
            An employer cannot reduce an employee's gross pay with "fines" or "penalties" for company policy violations, mistakes, or other such actions.

            My recollection is that in Texas, the employer may reduce the hourly rate of the employee, but only if the notice is given before the time is worked at the lower rate.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment


            • #7
              Need more information regardin my son's case. Please help.

              Originally posted by Pattymd
              An employer cannot reduce an employee's gross pay with "fines" or "penalties" for company policy violations, mistakes, or other such actions.

              My recollection is that in Texas, the employer may reduce the hourly rate of the employee, but only if the notice is given before the time is worked at the lower rate.

              Hi,
              Yes, I have read about the reduction of hourly wage and this is not what is happening to these kids working for this company. They are being fined (from their pay checks) for violations to the contract originally signed by parents because they were minors. The contract states all the fines that would be incurred. I signed because I did not know that this was illegal, because Texas is a work at will state. If this company is breaking the law, then something should be done about it.
              The specific incident was he gave 2 weeks notice, someone in the office told him that he was only required to give 1 week. He changed his note per what he was told. When he received his pay check on Monday the 15th of this month, he noticed that they had deducted 50.00 from his pay, due to failure to give 2 weeks notice. So you see, we have a predicament. They are making him work this weekend in order to be reimbursed for the 50.00.....this sounds like they are breaking the law, contract or no contract. We are speaking about a minor....
              Please let me know if you advice us seeking the advice of a labor lawyer.
              We don't want other kids in this situation to be victimized any further.
              Thanks so much. Any help will be appreciated.

              Comment


              • #8
                Question regarding small business practices

                I work for a small corporation (Less than 20 employees). This past year I experienced a high risk pregnancy which required many doctor appointments, etc. In April I gave birth and was given 30 days maternity leave as per company policy.

                I just found out that I am now going to require back surgery. When I told my boss, he told me that I had no time to take off (other than vacation days) because I had already used 40 sick days this year. (I had to remind him of the maternity leave.)

                He finally snapped and told me that he didn't provide sick leave and if I couldn't stay healthy, I couldn't work here.

                Is it legal for him to fire or threaten to fire me for legitimate and easily documented health problems?

                Comment


                • #9
                  Yes. Because this company is so small, he didn't have to extend any leave time to you at all. While I understand your medical problems and need for upcoming surgery are outside your control, there is nothing illegal about your boss deciding that he's just not willing to extend any more leave time to you. If he wishes to terminate your employment and replace you with someone who he anticipates will be able to be consistently at work, he may.

                  Comment


                  • #10
                    Originally posted by Beth3
                    Yes. Because this company is so small, he didn't have to extend any leave time to you at all. While I understand your medical problems and need for upcoming surgery are outside your control, there is nothing illegal about your boss deciding that he's just not willing to extend any more leave time to you. If he wishes to terminate your employment and replace you with someone who he anticipates will be able to be consistently at work, he may.

                    I see, so I would better off to just resign my position due to medical issues and collect unemployment? As I understand it, if I resign for medical reasons, there is no charge back to the employer so he's got no reason to fight it.

                    Comment


                    • #11
                      Monetary penalties deducted from pay check of a minor.

                      Hi,
                      Yes, I have read about the reduction of hourly wage and this is not what is happening to these kids working for this company. They are being fined (from their pay checks) for violations to the contract originally signed by parents because they were minors. The contract states all the fines that would be incurred. I signed because I did not know that this was illegal, because Texas is a work at will state. If this company is breaking the law, then something should be done about it.
                      The specific incident was he gave 2 weeks notice, someone in the office told him that he was only required to give 1 week. He changed his note per what he was told. When he received his pay check on Monday the 15th of this month, he noticed that they had deducted 50.00 from his pay, due to failure to give 2 weeks notice. So you see, we have a predicament. They are making him work this weekend in order to be reimbursed for the 50.00.....this sounds like they are breaking the law, contract or no contract. We are speaking about a minor....
                      Please let me know if we should seek the advice of a labor lawyer.
                      We don't want other kids in this situation to be victimized any further.
                      Thanks so much. Any help will be appreciated.

                      Comment


                      • #12
                        You don't need a lawyer. Just contact the state department of labor for your state and they will handle.

                        Comment


                        • #13
                          Fines

                          Okay, does it matter if it is a minor or an adult employee?

                          Speaking of adults... Can you be fined money or time for missing deadlines, etc.

                          I have been told numerous times that this is not legal; however, nobody has been able to point me in the right direction for documentation to present to my employer in Texas.

                          Can anyone help me locate the laws / statutes to verify this?

                          Thanks!!!

                          Comment


                          • #14
                            Doesn't make a difference whether the employee is a minor or an adult.

                            Here is the cite from the Texas statutes:

                            § 61.018. DEDUCTION FROM WAGES. An employer may not
                            withhold or divert any part of an employee's wages unless the
                            employer:
                            (1) is ordered to do so by a court of competent
                            jurisdiction;
                            (2) is authorized to do so by state or federal law; or
                            (3) has written authorization from the employee to
                            deduct part of the wages for a lawful purpose.

                            Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
                            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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