Following voluntary termination, employer failed to pay back wages

[89niw]

What is the name of your state? Texas

After voluntarily leaving my

 

[Beth3]

Were you an employee or an independent contractor?

 

[89niw]

I was an employee

I was a salaried, full-time employee for several years.

 

[cbg]

Then your recourse is to file a complaint with the state Department of Labor.

 

[89niw]

Labor Department

Is the labor department likely to care about the component of the back pay that is due for commissions and unused vacation time?

 

[cbg]

Unused vacation pay, probably not, unless there was a company policy that guaranteed vacation payout on termination. Neither Federal nor Texas law requires unused vacaation time to be paid on termination. Commissions are more likely.

It's better than getting none of it, isn't it?

 

[89niw]

I have a severence contract

Is this worth nothing?

 

[Beth3]

There are two different issues here:

1. State law, which REQUIRES your employer to pay you for all time worked and comply with State wage and hour laws;

2. Any bonafide employment contract you and the employer entered into guaranteeing various things.

You have recourse with the State on the unpaid wages; you (may) have recourse for any other compensation you are due under the terms of the contract that are not addressed by TX reg's. You can either see a lawyer for that or file a claim directly in small claims court (assuming the dollar amount you are owed is appropriate for that legal venue.)

 

[89niw]

Thank you

Thank you very much for the advice. I will investigate both avenues.