Non payment of Wages

[ltlmike10]

What is the name of your state?Tx

My wife applied at an apt complex, which then called her in to fill out documentation. They took photocopies of id's for I'9 ect... They said they were under new management and had to wait a few days to process paperwork, also she had to take a drug test which could be done later. They called her on a monday telling her to start work on Tuesday at 9am. She went to work, they gave her keys, equip ect...showed her where to work. They told her she was late that day cuz she had to be there at 8. She let them know that the person who called her told her 9, but she ended up staying till 6pm to make up for that lost hour. She went to work the following day, got a call for another job offer and during her lunch hour called in and Quit. THey said they would pay her for those hours worked on their follwing pay period. According to Texas payday law, that is correct.

3-4 weeks have passed and still no pay. When called they said that she was never an employee of the "new" company. And that if she wanted to get paid she had to fill out paperwork as an indipendant contractor. We conceded since we wanted to get paid for those hours worked and submitted an invoice. They refused payment because they said that the amount of hours was off, because she wasnt asked or approved to stay that extra hour her first day of employment and that the hourly rate we had was 50c to much.

Shouldnt she be considered an employee? and not go through the hastle of and indipendant contractor? What steps do we take to get payment for the hours she actually worked not what they say she worked and for the correct rate of pay?

 

[JETX]

Clearly, they are trying to hustle her and she is right to refuse to be an 'IC' as that removes any protections from the state.

I suggest she contact the employer and advise them that if she doesn't have her paycheck IN HAND by noon on Friday, she will file a complaint with the Texas Workforce Commission (don't you love how they PC that name?).

Then, if she doesn't get paid, file.
Their site (look under "Texas Payday Law"): http://www.twc.state.tx.us/ui/lablaw/lablaw.html

And here is the statute from the Texas Labor Code:
"§ 61.014. PAYMENT AFTER TERMINATION OF EMPLOYMENT.
(a) An employer shall pay in full an employee who is discharged from employment not later than the sixth day after the date the employee is discharged.
(b) An employer shall pay in full an employee who leaves employment other than by discharge not later than the next regularly scheduled payday."

 

[tracieteaches]

What if she still doesn't get paid, will she have to go to expense of suing?

 

[cbg]

That would depend on whether she *actually* is an employee or an IC.

If she is an employee, which seems FAR more likely, then she can file a complaint with the state DOL, which doesn't cost her anything. The state would then handle the case for her.

If she does prove to be an IC (which I do not think likely at all based on the post) then yes, she would probably have to sue, which may or may not be worthwhile for the amount of money she would get back.