Final pay issues.
My wife is an interior designer who left a firm abruptly after a conflict with the owner. The owner is now refusing to pay her salary for the final week of employment plus all outstanding commisions on unfininshed jobs. We recognize that some commssions will need to be split with the designer who finished the jobs. Basically the designer who took over just had to ensure the work was finished and collect the money. Therefore, we think it reasonable to expect 80 to 90 percent for each outstanding job. She's refusing to pay any of it. We have a record of all outstanding jobs as well as check stubs to prove she's owed a weeks salary. We're only talking about 2-3K but we think see should be paid. What do you think?
3 answers | asked Apr 6, 2004 5:47 PM [EST] | applies to Texas
Answers (3)
You have the right to any money you earned before your employment ended. You can hire a lawyer to prosecute your contractual and/or equitable claims for commissions or you could file them yourself in JP (small claims) court. You can also file a Wage Claim with the Texas Workforce Commission. Visit: http://www.twc.state.tx.us/customers/jsemp/jsempsub8.html for the form you need to fill out to file. The TWC will definately accept a claim for the back salary you are owed. They will also look at the commission issue IF you had a written contract or policy spelling out the commission structure.
You can also visit our website at:
http://www.mckinneylaw.net
posted by Christopher McKinney | Apr 7, 2004 1:59 PM [EST]
The salary was due at the next pay period, unless your wife owed money to her employer and she signed a written agreement allowing her employer to deduct any amounts owed from her pay check. As to the commissions, if it is a written agreement, the TWC will enforce, if you bring a claim within 6 months of the failure to pay. If there is no written agreement, TWC may not be interested, but you can still sue for "quantum meruit" or breach of contract, for the value of the services rendered. Good luck.
posted by Robbyn Wysocki | Apr 7, 2004 08:20 AM [EST]
Under Texas law, the employer must pay the wages due to an employee. You may want to go to the Texas Workforce Commission to collect this. The TWC may not take the part about the commissions and you may need to sue for those. You can either get an attorney or you could file in a Justice of the Peace court yourself. I suggest contacting the TWC first.
posted by Trey Henderson | Apr 6, 2004 6:40 PM [EST]
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