TWC help - employer refusing to pay final check after I quit due to excessive hours

omg this happened to my cousin too!! his manager kept saying the check was 'in processing' for like a month!

you quit so you dont qualify for unemployment but you can file a wage claim with TWC. go to their website and look for unpaid wages form

This is definitely something you need to address with TWC's Labor Law department, not the unemployment division. You'll need to file a Wage Claim with the Texas Workforce Commission. Here's the process: 1. Fill out form LL-1, which is the Texas Payday Law Wage Claim form. You can find it on the TWC website under "Labor Law" or "Wage Claims." 2. You have 180 days from when the wages were due to file your claim, so you're well within the timeframe. 3. Include documentation if you have it - timesheets, text messages about your schedule, any emails about your final check, etc. 4. Be aware that TWC will contact your employer during their investigation. The process typically takes 2-3 months for TWC to investigate and make a determination. If they rule in your favor, your employer will be ordered to pay your wages plus potential penalties. If they fail to pay after that, TWC can take additional enforcement actions. I'd also recommend sending a written demand for payment via certified mail to create a paper trail. Document everything!

I went through this exact situation last summer! My employer tried to claim I never worked my final week. You need to file a Wage Claim with TWC - it's different from unemployment benefits. You can submit it online through the TWC website (much faster than mailing it) or print Form LL-1 and mail it in. Make sure you're very specific about the dates you worked and how much you're owed. I also recommend sending a formal demand letter to your employer first via certified mail - sometimes that's enough to scare them into paying up. In my case, TWC started investigating after about 3 weeks, and the employer suddenly "found" my check once TWC contacted them. The law gives employers 6 days after quitting to deliver your final paycheck. They're clearly violating that.

The whole system is rigged against workers!! I filed a wage claim last year and it took FOUR MONTHS to get resolved even with clear evidence. Meanwhile, they expect us to pay bills with what exactly?? My landlord wasn't interested in hearing "TWC is investigating" when rent was due!! And the penalties for employers are laughable - they basically just have to pay what they already owed you anyway. The whole time my ex-boss was LYING to investigators and nothing happened to him!! Definitely file the claim but don't expect miracles from TWC. Document EVERYTHING and be prepared to follow up constantly.

Have you tried calling your employer's corporate office (if they have one)? Sometimes going above your manager's head can get results faster than waiting for TWC.

I can see why you're frustrated! Just wanted to mention that trying to reach TWC by phone for updates on your wage claim can be nearly impossible - they're always swamped. I discovered Claimyr (claimyr.com) which helped me get through to an actual TWC agent after trying for days on my own. They have a demo video at https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh that shows how it works. I was skeptical at first, but it saved me hours of busy signals and getting disconnected. Once I got through to a live person, they were able to tell me exactly what was happening with my claim and what additional documentation I needed to provide.

maybe try texting your boss and casually mention that you're filling a wage claim with TWC? my friend did that and her check appeared like MAGIC the next day lol

Regarding your question about filing for unemployment - yes, you can pursue both a wage claim and unemployment benefits simultaneously as they're separate issues. For unemployment, you would need to demonstrate that you had "good cause" to quit, which excessive mandatory overtime could potentially qualify for, especially if it created an unreasonable burden or unsafe conditions. However, be prepared that your employer will likely contest your unemployment claim since you quit. You would need documentation showing you attempted to resolve the issue before quitting (emails requesting schedule adjustments, etc). For your wage claim, if you have any text messages or emails about your hours worked during that final period, definitely include those with your submission. Timesheets, witness statements from coworkers, or even your own detailed log of hours worked can help support your case.

Quick update on the evidence question - yes, you should provide whatever documentation you have. For my wage claim, I included: 1. A copy of my time card for the final week 2. Text messages with my manager about my last day 3. A calculation of exactly what I was owed (hours × rate) 4. Evidence that I attempted to collect my check (texts asking about it) TWC actually resolved my case pretty quickly (about 6 weeks total). The online submission is definitely faster than mail. The form will ask for very specific information about your employment, so have your start date, end date, job title, manager's name, etc. ready before you begin.