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TX - Pay for notice given

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  • TX - Pay for notice given

    I am in Texas. I was working for a consulting firm, and recently left to take a position with one of the company's clients. As you might imagine, my former company was less than excited. However, I had an attorney examine my non-compete clause, and he assured me that this particular situation did not violate that clause. Still, the company threatened to sue me - nothing yet, but we'll see. Upon my resignation, I provided the company with a two week notice (informed them that I would work two full weeks before leaving). At the end of the first week, I was called in by my supervisor, who informed me that my services would not be needed the following week, and he provided me with a check for wages through that day, a check for unused vacation time, and the required letter informing me of available extended insurance coverage. He verbally told me that the company would cut me a check for the following week's pay, even though I was asked not to return, and mail it to my house. It has been over one month and no check has arrived. Am I entitled to the pay for that week? I was never told that I was being fired, or given any documentation to that effect. And the employee agreement that I signed upon my initial hire only stated that a two week notice was required in order to receive pay for unused vacation. Any thoughts on how to proceed? I had considered sending a personal email to the supervisor with whom I had the conversation and informing him that the check had not yet arrived, in case the company was not aware (I'm sure that's it - they just forgot )

  • #2
    Something sounds "fishy".

    They said they'd give you a check in your exit interview... when was the threat to sue made?


    • #3
      Unless there is a contract, no employer is obligated to pay employees for hours not actually worked.

      I dont think the company is going to pay, and you have no recourse.

      You were not terminated you resigned. Your company just changed the effective date of the resignation.


      • #4
        Here's another take

        Texas law provides that agreements for compensation can be oral or written. If an authorized agent for the employer (also meets the definition of employer) agreed to pay you for the notice period, and you relied on that statement, you may have a shot at getting your former employer to pay it.

        As the previous responders pointed out, there is no legal obligation to pay for time not worked, but you have nothing to lose by asking for it, and a few bucks to gain. I'd send a letter (not an e-mail), and I'd send it return receipt requested, asking for the pay you were promised in a conversation of xxx date. At worst, they'll say no, which is where you are now.


        • #5

          Thanks for the feedback. I probably will take the advice to send a certified letter. I'll try to do a little research so that I can cite chapter and verse of the applicable Texas law that allows compensation agreements to be verbal or written. As for the timing of things, there was talk of lawsuit pretty much from the time that I submitted my resignation letter through my last day there. At any rate, thanks again very much for the feedback. This forum seems to be a very good and very swift source for advice.


          • #6
            BTW, the letter you received about your health benefits, the final check and vacation pay out are all indications that you were terminated. No one is required to write "You are fired" on a slip of paper and hand it to you.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


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