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Employees' Rights Upon Termination in Texas

    Final Pay

    • If the employer terminates you, he has six calendar days to pay your final paycheck unless that day falls on a nonworking day. In that event, the first workday following the sixth calendar day is the last day you he can pay you. If you quit, retire or walk off the job, Texas calls that "voluntary separation," and your final pay is with the next regular payroll. The employer must pay commissions and bonuses in accordance with any agreement between you or according to a collective bargaining agreement. Otherwise, bonuses and commissions payments are payable like other wage payments. It is a third-degree felony to fail to pay an employee after demand by the employee, and each payday is a separate offense. An unpaid employee can file a wage claim with the Texas Workforce Commission.

    Deductions

    • An employer can't deduct anything not authorized by federal or state law or by a court, as in child support payments or a garnishment. Employees must give written authorization for deductions from a paycheck; without written authorization, the deduction is illegal. If you have outstanding debt with the employer, he can't take it from your paycheck.

    Severance Pay

    • Texas allows employers to pay severance pay in a lump sum or in installments. Severance may be offered by written agreement or by standard procedure with your employer. Severance is payment in addition to wages owed, and does not affect your right to unemployment benefits. "Wages in lieu of notice" payment will preclude you from receiving unemployment compensation benefits in Texas for the weeks you receive payment. "Wages in lieu of notice" is a voluntary payment not enforceable under Texas Payday Law. Paid time off is not a required payment without a written agreement, but Texas Payday Law classifies it as wages if paid.

    Unemployment Compensation Benefits

    • Termination by the employer may entitle you to unemployment compensation benefits if the job separation was not your fault. You must have work history for the last 15 to 18 months for the establishment of a base period to calculate your unemployment benefits. You must apply for unemployment compensation benefits, and the employer receives notification. The employer has an opportunity to contest your unemployment benefits.

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