Can my employer cut my hours after not compensating me for 5 weeks?
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Can my employer cut my hours after not compensating me for 5 weeks?
I had not received my earnings for three pay periods. Initially I advised my store manager, after the second pay period passed and still not receiving my earnings I contacted payroll and corporate. They both verified my address for a live check to be mailed. I verified the address and they supposedly mailed a live check. The third pay period approaches and still not one paycheck. I was forced not to show up as scheduled to work for numerous valid reasons. 1 no auto insurance – lapsed while awaiting earnings 2 no monies for auto gas 3 cell phone disconnected- no way of communication. Therefore my way of life was altered due to this. The regional manager demanded the store manager cut my hours or as the regional manager stated, he store manager will be a push over if he didn’t cut my hours. I feel it wasn’t a business concern more of an authority and respect concern. I felt it wasn’t my fault I was unable to report to work, I earned that pay and was denied when it wasn’t paid on time as federal laws require.
Asked on May 17, 2018 under Employment Labor Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You have 2 issues here: reduction in hours and non-payment of wages. As to the latter, an employee must be compensated for all hours worked. Accordingly,you can file a wage claim with the TX Workforce Commission. As for your hours being cut, unless you have an employment contract or union agreement that gurantees how many hours you are to be scheduled to work, as an "at will" worker, your employer can set your schedules as it sees fit. That having been said, if your hours were reduced because you were trying to get the wages owed you, then you also have an additional claim that cn be enforced by the Workforce Commission.
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Texas is an at-will employment state. This means that as long as they are not cutting your hours because you are a protected class (minority, your age, your gender, etc), then they can cut your hours.
However, Texas also has payday laws. If you are not paid timely, you can file a complaint with the Texas Workforce Commission. If you feel like the cut in hours was a direct result of you trying to enforce your payroll rights, consider filing a complaint with the TWC for either a violation of the pay day laws...or making a claim for under employment because of the cut in hours.
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