Do I have a case if my employer deducted hours that I was clocked in for but still hasn’t paid me for?

UPDATED: Oct 1, 2022

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Do I have a case if my employer deducted hours that I was clocked in for but still hasn’t paid me for?

My employer deducted 7 hours from my check. I have proof of my hours worked. After I politely asked for them to correct the mistake, she got defensive and eventually said that she would pay me those hours that Monday. It has been 1 week since then but she still hasn’t paid me and it’s very irritating. I worked I should get paid right? I haven’t contacted her again because I don’t want to deal with her attitude again.

Asked on November 26, 2018 under Employment Labor Law, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You have 2 cjoices here. You can take your emloyer to small claims court to recoup the compensation owed to you (you can also recover all court and related costs). You can also file a wage complaint with your state's department of labor. If your employer is cited for non-payment of wages you will recive all back pay and your employer may be fined.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can sue your employer for breach of contract / account stated.  Your damages (monetary compensation you are seeking in your lawsuit) are the amount you are owed.  You can file your lawsuit in small claims court.  Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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