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TX - Paid Less Than Agreed...

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  • TX - Paid Less Than Agreed...

    I recently quit a job, after 2 weeks, that I had gotten through an employment agency. I worked a full 40 hours both weeks. The first week they mailed my full paycheck, but since I had opted for direct deposit that is how I received my second check. I gave no notice when I quit and they said due to this, they only had to pay me minimum wage and not the $12.00 an hour that was agreed on. I did sign papers before starting work, but no where do I remember seeing anything about pay being lessened if you quit and it in no way was pointed out to me when I accepted the position. Is this legal? I also have requested copies of the papers I signed and a copy of my pay stub, which I never received and I have gotten neither. Can they just decide to change my pay because they are unhappy with me?

  • #2
    < Agreed pay rate

    According to the Texas Payday Law, an employer is obligated to pay wages for all time worked in accordance with the pay-rate agreed upon by the parties. An employer can change an individual's pay - increase or decrease as long as notification is given to the employee prior to the changes taking effect. (The law does not specify how far in advance the notice must be given.)

    These changes cannot be retroactive since for there to be an agreement both parties must be aware of the conditions before they occur. If you believe the employer has paid you incorrectly, you can file a wage claim with Texas Workforce Commission. See http://www.texasworkforce.org/ui/lablaw/lablaw.html .

    There is a downloadable form at http://www.twc.state.tx.us/ui/lablaw/ll1.pdf.

    To my recollection, Florida has a provision allowing employers to reduce pay to minimum wage during the last pay period, but no other state does. Texas certainly does not allow it without written authorization of the employee. If you did sign a written authorization, the employer's action is legal, provided the authorization meets the requirements of the Texas Payday Rules. That's also difficult, so a claim for unpaid wages may be your best bet.

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    • #3
      TX - Paid less than agreed..

      Thanks - I will go ahead and print the form from TWC, but I will give them until the end of the week to get the papers I signed to me. It just didn't sound right and I feel certain I read everything I signed thoroughly. I sure appreciate the feedback so quickly.

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