Final Paycheck Due in Six Days
Texas Workforce Commission is supposed to enforce the Texas statutes regarding wages. A statute is a law passed by the state legislature. TWC provides a nice summary of the Texas Payday Statute. But, their summary does not answer one frequently asked question, when must an employer pay the last paycheck? I am asked this often, since many employers withhold the last paycheck until Joe Employee turns in his tools, pays for a damaged rear view mirror, turns in her uniforms, or whatever.
The employer has no choice. The employer must pay the last paycheck within 6 days of the last day of employment. See Tex.L.C. Art. 61.014. But, what happens to an employer if they do not meet the six day deadline? Not much. The employer can incur a criminal penalty, but who will enforce that law and seek a criminal penalty? In reality, no one does. Most District Attorney's are far too busy to prosecute a crime they see as relatively minor.
