What to do if ex-employer says they mailed paycheck but it has not been received?

[cbg]

You clearly have never worked in Payroll. I have. And I have had employees in Texas.

I have no idea what the employer has or has not done. Neither do you. Neither does the OP.

I am at least considering all possibilities. You have decided on the basis of third hand information exactly what has transpired and will not acknowledge any other option exists.

I told the OP before you even showed up that a wage claim with the TWC was his wife's best shot.

 

[Kingstien]

You clearly have never worked in Payroll. I have. And I have had employees in Texas.

I have no idea what the employer has or has not done. Neither do you. Neither does the OP.

I am at least considering all possibilities. You have decided on the basis of third hand information exactly what has transpired and will not acknowledge any other option exists.

I told the OP before you even showed up that a wage claim with the TWC was his wife's best shot.

Well then I'm sorry CBG. I must have miss read that you were telling the OP that his wife should have to pay the bank fees when Texas law forbids the employer from deducting it from her pay, and the OP was stating that that's what the employer was planning to. My error.
My advice to the OP was derived from the info the OP provided and Texas Law. Not my opinions or interpretations.

 

[CTU]

Well then I'm sorry CBG. I must have miss read that you were telling the OP that his wife should have to pay the bank fees when Texas law forbids the employer from deducting it from her pay, and the OP was stating that that's what the employer was planning to. My error.
My advice to the OP was derived from the info the OP provided and Texas Law. Not my opinions or interpretations.

Do you have a problem with comprehending the written word?

This isn't the first time you've had to back-track after making such ... "errors" .

 

[Kingstien]

Do you have a problem with comprehending the written word?

This isn't the first time you've had to back-track after making such ... "errors" .

Yes CTU. You can be sarcastic too. And Yes my last post was all sarcasm with re guard to the check charges. If you have any problems with my posts; feel free to read at least post #1 and #2 of this thread along with Texas employee wage law.
Have a nice day!

 

[cbg]

And the employer CAN deduct cancelled check charges. She will have to sign something giving permission, which I have already said, but they can. And it will be permitted under Texas laws.

Now, if you really know the Texas law as well as you think, you'll know WHY it is permitted under Texas laws. If you don't know why, then go back and read them again really, really carefully and think about what you're reading.

 

[Kingstien]

And the employer CAN deduct cancelled check charges. She will have to sign something giving permission, which I have already said, but they can. And it will be permitted under Texas laws.

Now, if you really know the Texas law as well as you think, you'll know WHY it is permitted under Texas laws. If you don't know why, then go back and read them again really, really carefully and think about what you're reading.

Link: http://www.twc.state.tx.us/jobseekers/texas-payday-law#lawsRules
"Deductions from Wages
(labor code can be found here: http://www.statutes.legis.state.tx.us/Docs/LA/htm/LA.61.htm)

To understand what wages are due and unpaid requires knowing what deductions are allowable. Employers must get proper written authorization before making a payroll deduction.

The employer may not make deductions unless:

Ordered to do so by a court of competent jurisdiction, such as in court-ordered child support payments
Authorized to do so by state or federal law, such as IRS withholding
Authorized in writing by the employee, and then only for a lawful purpose (authorizations may not be too general or too broad)

Deductions for out-of-pocket loans to an employee, even with an oral agreement to repay, are allowed only if the deduction is authorized in writing.

An employer who has received an income withholding order is required to withhold from wages, including any severance pay, commissions, bonuses or amounts paid in lieu of vacation time that the employee may be due under company policy or agreement.

If an employee has quit while in possession of company property and is due a final paycheck, wages may be withheld only when the employer is authorized to do so by law, required to do so by a court or has written authorization from the employee for the deduction. Otherwise, the employer would need to attempt to recoup the property by some other means, such as civil remedies (e.g., lawsuit, small claims court or police report) or make arrangements with the employee outside of a wage deduction."

CBG, The OP has not made any references to his wife giving any written authorization to allow the company to deduct anything not required by law from her pay.
You may want to go back and edit your first post here:

...Yes, it is legal to charge her for the stop payment. Particularly if you refuse to allow them to investigate and demand that they stop payment NOW.

Stay safe in all of that snow.

 

[cbg]

I have said twice now: SHE WILL HAVE TO SIGN AN AUTHORIZATION FIRST. Do you suffer from reading comprehension issues?

 

[Kingstien]

I have said twice now: SHE WILL HAVE TO SIGN AN AUTHORIZATION FIRST. Do you suffer from reading comprehension issues?

...Yes, it is legal to charge her for the stop payment. Particularly if you refuse to allow them to investigate and demand that they stop payment NOW.

That was quoted from your first post here on page 1. The only opinion I have added is that maybe you might want to edit that. Nothing more. Not here to argue what the OP's wife could or could not sign.
According to the OP, the company is around 3 weeks late paying his wife. I do agree with you and the OP that filing a complaint with the Texas Workforce Commission maybe in order.

 

[cbg]

And it was amended to include the requirement for a signature in two subsequent posts. Three, now. The first time I said it was before you even showed up.

It's not my fault if your reading comprehension skills don't allow for anything past the first post. You might want to consider hiring a tutor.

 

[Kingstien]

And it was amended to include the requirement for a signature in two subsequent posts. Three, now. The first time I said it was before you even showed up.

It's not my fault if your reading comprehension skills don't allow for anything past the first post. You might want to consider hiring a tutor.

I didn't write the laws and I didn't have anything to do with what you posted in your original posts with regard to Texas' laws and the bank fees.
Blaming me isn't going to solve the OP's wife's issues.
Good day.

 

[cbg]

The only thing you are being blamed for is not reading everything I wrote and either not reading or not understanding everything in the laws. No one said you wrote the laws; only that you don't appear to have very good reading comprehension skills. You missed where I acknowledged - multiple times - that a signature would be required before a deduction could be made, and you don't appear to understand why, AS LONG AS THAT SIGNATURE EXISTS - it would be a legal deduction. You got so hung up on the fact that it wasn't in my first post that you couldn't see anything else.

I still recommend a tutor.

Have a good day. I'll let you have the last word now.

 

[Kingstien]

The only thing you are being blamed for is not reading everything I wrote and either not reading or not understanding everything in the laws. No one said you wrote the laws; only that you don't appear to have very good reading comprehension skills. You missed where I acknowledged - multiple times - that a signature would be required before a deduction could be made, and you don't appear to understand why, AS LONG AS THAT SIGNATURE EXISTS - it would be a legal deduction. You got so hung up on the fact that it wasn't in my first post that you couldn't see anything else.

I still recommend a tutor.

Have a good day. I'll let you have the last word now.

CBG This is why so many complain about your posts. You post bogus info as law and when corrected you try and blame others. Personally I don't care about your problems. I simply posted the law so the OP would leave with the info he was looking for. So, I'm posting as a jr member and I don't have any need to argue with you.

 

[Zigner]

CBG This is why so many complain about your posts. You post bogus info as law and when corrected you try and blame others. Personally I don't care about your problems. I simply posted the law so the OP would leave with the info he was looking for. So, I'm posting as a jr member and I don't have any need to argue with you.

I can't ever recall seeing a complaint about CBG's posts - but I guess I'm kind of new here.

 

[cbg]

That's okay, Zig, usually the same trolls that are complaining about me are complaining about you and CTU as well.

I know I said I'd let our latest troll have the last word but I'm still confused about what I'm supposedly blaming him for - or why it doesn't count that I posted an amendment to my original post before the troll even got here. Evidently it has to be in the first post or it's not there at all. Even if it is.

With luck, though, the OP was able to get what he needed amidst all the crap.

 

[CTU]

CBG This is why so many complain about your posts.

I'm not cbg, but I would love to see these posts. You can provide links, right? I mean a person should have the opportunity to read and rebut, right?

You post bogus info as law and when corrected you try and blame others. Personally I don't care about your problems. I simply posted the law so the OP would leave with the info he was looking for. So, I'm posting as a jr member and I don't have any need to argue with you.

You are acting like an small-minded, small-handed little orange man with a penchant for taking tantrums and publishing ill-advised posts on the Internet.

You probably want to stop doing that.