Employer withholding final paycheck for a month - Can TWC help?
My former employer hasn't issued my final paycheck and it's been over a month since I left. I worked at a small construction company for about 6 months before they let me go due to 'lack of work.' The manager promised my final check would be mailed within two weeks, but nothing has shown up. I've called 5 times and either get voicemail or excuses about accounting delays. Should I file for unemployment benefits while dealing with this? Can TWC help recover unpaid wages? I'm completely lost on what steps to take first and running low on savings. Any advice would be really appreciated!
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Sean Matthews
You're dealing with two separate issues here. For your missing paycheck, you need to file a Wage Claim with the Texas Workforce Commission. Go to the TWC website, search for 'wage claim,' and you'll find the form. You have 180 days from when the wages were due to file it. For unemployment, YES file immediately! Don't wait for the wage issue to be resolved. Your UI benefits are completely separate from your wage claim. Make sure to report that you were laid off due to lack of work when filing for unemployment.
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Mikayla Brown
•Thank you so much! I had no idea these were separate issues. I'll file both the wage claim and unemployment application today. Should I mention the unpaid wages when filing for unemployment or keep them completely separate?
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Ali Anderson
DEFINITELY file for unemployment RIGHT NOW! Your employer is playing games with your money and the TWC needs to know. I had a similar situation last year with a landscaping company that owed me $1,250 for my final two weeks. Turns out they were doing this to MULTIPLE employees! TWC can put pressure on them. Don't wait another day!!!
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Zadie Patel
•This happened to my brother too. Some companies do this all the time hoping people won't follow up.
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A Man D Mortal
To give you a detailed answer: 1. File for unemployment immediately - You qualify if you were laid off due to lack of work 2. Submit a wage claim through TWC's Labor Law department (different from unemployment) 3. When filing for unemployment, report your expected earnings accurately, including the missing check 4. Start your work search requirements as soon as you're approved (3 work search activities per week in Texas) 5. For the wage claim, gather any proof of employment (paystubs, emails, texts about your final check) The TWC wage claim process typically takes 12-16 weeks to resolve, but unemployment benefits can start much sooner if approved.
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Mikayla Brown
•Wow, 12-16 weeks for the wage claim? I guess I really need to file for unemployment to bridge that gap. I have texts from my manager promising the check 'next week' for the past 3 weeks, so hopefully that helps with the wage claim.
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Declan Ramirez
file for ui now and the wage thing. i had this happen at a restaurant job they kept saying the check was coming but it never did until i mentioned texas workforce to them lol
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Emma Morales
•This is so common it's ridiculous. I've worked for THREE companies in Dallas that tried this. One actually had the nerve to say I needed to come pick up my check in person after they fired me, then nobody was ever there when I showed up. TWC wage claim was the only thing that worked.
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Katherine Hunter
When you file the unemployment claim online, you're going to get frustrated really fast because the system keeps timing out and the wait times to talk to anyone at TWC are crazy long. I found this service called Claimyr (claimyr.com) that helped me get through to an actual TWC representative in about 20 minutes instead of spending days trying. They have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh It was super helpful because the agent was able to look at both my wage claim and my unemployment application and make sure everything was filed correctly. Saved me a ton of stress during an already stressful time.
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Mikayla Brown
•Thanks for the tip! I'm already stressing about getting through to someone. I'll check out that video. Did using this service speed up your claim process at all?
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Zadie Patel
My brother had this EXACT problem last year!! His boss kept saying the check was "in processing" for like 6 weeks. Such BS.
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Mikayla Brown
•Did your brother ever get his money? I'm starting to worry my old boss is just hoping I'll give up.
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Ali Anderson
Just want to add - when you file your wage claim, be SUPER specific about dates, amounts, and who you talked to. Include EVERYTHING. If you have text messages or emails about your missing check, upload those too. The more evidence the better because these companies will lie through their teeth to TWC!
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Mikayla Brown
•Good to know. I've been keeping a log of all my calls but I'll make sure to include everything in the wage claim. Should I tell them I'm filing a wage claim before I actually do it? Or just go ahead and file?
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Sean Matthews
Quick update to my earlier advice - when you file for unemployment, make sure to report that you've earned wages that weren't paid. There's a specific question about this in the application. This is important because TWC calculates your benefit amount based on your earnings, and you want those unpaid wages included. For your wage claim, you'll need to provide: - Your employment dates - Your regular pay rate - Hours worked that weren't paid - Names of managers/supervisors - Any written promises of payment And yes, file the unemployment claim ASAP because it can take 2-3 weeks for the first payment even after approval.
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Mikayla Brown
•Thank you for the detailed info. I have all of this documentation ready. I'm going to file both claims today. Really appreciate everyone's help with navigating this!
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