Texas Final Paycheck Demand Letter
In Texas your final wages are due by the sixth day after you are fired, and by the next regular payday if you quit. Texas has no daily waiting-time penalty, but the Texas Workforce Commission can add a bad-faith administrative penalty. Attorney review available.
Introduction
A final paycheck demand letter is a written demand a departed Texas employee sends a former employer to collect final wages that were not paid by the state deadline, before filing a wage claim with the Texas Workforce Commission or in court. In Texas the timing depends on how the job ended. If the employer discharged the employee, the employer must pay the employee in full not later than the sixth day after the date of discharge (Tex. Labor Code Section 61.014(a)). If the employee left for any reason other than discharge, meaning the employee quit, the employer must pay in full not later than the next regularly scheduled payday (Tex. Labor Code Section 61.014(b)). Texas has no daily waiting-time penalty. Where the Texas Workforce Commission finds the employer acted in bad faith in not paying, it may assess an administrative penalty in addition to ordering payment of the wages (Tex. Labor Code Section 61.053(a)). Vacation, holiday, and severance pay count as final wages only where a written agreement or a written policy of the employer provides for them (Tex. Labor Code Section 61.001(7)). If the demand is ignored, the employee can file a wage claim with the Texas Workforce Commission, which must be filed within 180 days. DocDraft builds your Texas final paycheck demand letter from your facts, with attorney review available before you send it.
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Key Things to Know
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A final paycheck demand letter is a written demand a departed Texas employee sends a former employer to collect unpaid final wages, before filing a wage claim with the Texas Workforce Commission or suing.
- 2
If the employer discharged the employee, the employer must pay in full not later than the sixth day after the date of discharge (Tex. Labor Code Section 61.014(a)).
- 3
If the employee quit, meaning left for any reason other than discharge, the employer must pay in full not later than the next regularly scheduled payday (Tex. Labor Code Section 61.014(b)).
- 4
Texas has no daily waiting-time penalty. Where the Texas Workforce Commission finds the employer acted in bad faith in not paying, it may assess an administrative penalty in addition to ordering payment (Tex. Labor Code Section 61.053(a)).
- 5
In Texas, vacation pay, holiday pay, sick leave pay, and severance pay are owed on separation only where a written agreement or a written policy of the employer provides for them (Tex. Labor Code Section 61.001(7)).
- 6
A Texas employer may not withhold or divert any part of wages unless ordered by a court, authorized by state or federal law, or authorized in writing by the employee for a lawful purpose (Tex. Labor Code Section 61.018).
- 7
If the demand is ignored, a Texas employee can file a wage claim with the Texas Workforce Commission, which must be filed not later than the 180th day after the wages became due (Tex. Labor Code Section 61.051(c)).
Key decisions before you file
Before you file a Final Paycheck Demand Letter in Texas, a few decisions shape the document: which option to choose and what each one means. The Final Paycheck Demand Letter guide walks through them.
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Texas Requirements for Final Paycheck Demand Letter
Final Pay Is Due by the Sixth Day If You Were Fired
If a Texas employer discharges an employee, the employer must pay the employee in full not later than the sixth day after the date of discharge (Tex. Labor Code Section 61.014(a)). Your demand letter should state that this deadline has passed.
Final Pay If You Quit: Next Regular Payday
If a Texas employee leaves for any reason other than discharge, meaning the employee quit, the employer must pay in full not later than the next regularly scheduled payday (Tex. Labor Code Section 61.014(b)). State your last day and the resulting due date.
No Daily Penalty, but a Bad-Faith TWC Penalty
Texas has no daily waiting-time penalty. Where the Texas Workforce Commission determines that an employer acted in bad faith in not paying wages, it may assess an administrative penalty against the employer in addition to ordering payment of the wages (Tex. Labor Code Section 61.053(a)). Put the employer on notice of this risk.
Vacation and Severance Only Under a Written Policy
Texas final wages always include earned unpaid wages. Vacation pay, holiday pay, sick leave pay, parental leave pay, and severance pay are owed on separation only where a written agreement or a written policy of the employer provides for them (Tex. Labor Code Section 61.001(7)). Claim a payout only if your policy provides for it.
Limits on Deductions From a Final Paycheck
A Texas employer may not withhold or divert any part of an employee's wages unless the employer is ordered to do so by a court, is authorized to do so by state or federal law, or has the employee's written authorization to deduct part of the wages for a lawful purpose (Tex. Labor Code Section 61.018). Dispute any improper deduction.
Where to File a Wage Claim in Texas
If the demand is ignored, a Texas worker can file a wage claim with the Texas Workforce Commission. The claim must be filed not later than the 180th day after the date the wages became due, and that 180-day deadline is a matter of jurisdiction (Tex. Labor Code Section 61.051(c)). Keep your records for the claim.
Send With Proof of Delivery
Send the demand to the employer's address using a trackable method such as certified mail with return receipt, and keep a copy of the letter and the delivery record. Proof that you demanded your final wages supports a later Texas Workforce Commission wage claim or lawsuit.
Deadline to File a Texas Wage Claim: 180 Days
A wage claim with the Texas Workforce Commission must be filed not later than the 180th day after the date the wages became due for payment, and this 180-day deadline is jurisdictional (Tex. Labor Code Section 61.051(c)). The window is short and runs from the due date, so file promptly.