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Unemployment Status if aren't being paid for time worked Texas

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  • Unemployment Status if aren't being paid for time worked Texas

    I am working for a small company in Texas. Periodically my paycheck is late in being paid. I believe it likely that more than one paycheck will be missed in the near future as the companies financial situation gets worse. I don't believe there will be a layoff, just missed checks. My question is, what is my employment status in regards to unemployment eligibility? Is there a point at which not paying an employee = work separation as defined by state law? And who is deemed to have terminated the employment, the employer or the employee?

    Thanks for any and all insight.

    - Puzzled

  • #2
    Texas is pretty strict about payment times and methods. How late have paychecks been in the past, and how many in what period of time? Just one?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Just one check so far, though it's happened several times. The max has been close to 2 weeks on a bi-monthly check.

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      • #4
        Not bring paid, is not the same as being unemployed.

        You need to consider reporting this to the proper authorities.

        The best thing, providing you honestly believe this is going to happen again, is to find alternate employment.
        Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

        I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

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        • #5
          Let's suppose I am not paid and a second payday goes by. I decide to take your advice and spend my days looking for another job rather than working for free. Would I be considered to have quit my job by TWC? or would I have been released?

          By the way, I am currently looking. I am concerned that all this may happen before I find one. Also, to clarify, I believe missing paychecks for this company is the rough equivalent of a layoff. Hope springs eternal and I think they will continue to believe they are just behind and will one day catch up with payroll. But it won't be possible. And they are unlikely to intentionally layoff people, they will simply drift away when they are not paid.
          Last edited by puzzledintexas; 08-21-2010, 05:46 PM.

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          • #6
            There is no reason you can't look for another job while you are still working. Here are the payday rules for Texas (and I'm pretty sure, BTW, you mean semi-monthly, not bi-monthly). Specifically, Subchapter B.
            http://www.statutes.legis.state.tx.u.../htm/LA.61.htm

            And although not getting paid is not the same as being unemployed, many states deem it so if the violation is frequent or extreme (more than a day or two). There is no reason why, if the check is, say, more than a week late, you can't file for unemployment (and file an unpaid wages claim with the Texas Workforce Commission as well).

            At least both those actions will put the employer on notice that he can't employ workers if he can't pay them in accordance with Texas law without consequences.
            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
              Thanks for the link! Your help really helped clear things up for me.

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