Backwages

[scaliff42]

Texas

My company recently laid off all of its workers and claimed to be going out of business. My boss had been negligent in paying me my last three paychecks and said he would do so after the company assets had been sold. At this point it, it has been over a month.

The company website is back up again and on it they claim they are still working on the product we had already sold our customers, that a new product would be released soon, and that the company was restructuring. The product that they are still working on is the one my team was employed to do and the assets he claims to be selling are the ones needed to make this product.

I wish to know my legal options for collecting backwages and if there is something wrong with firing employees with the excuse that the company is going under, when the company is, in fact, doing no such thing.

 

[Ramoth]

Contact the Texas Workforce Commission.

 

[scaliff42]

I have already done so. The only way to collect backwages is if you have a copy of your W-2, pay stubs, and your employers home phone number and address. I only have the pay stubs. The cell phone number I use to have for my boss has been disconnected and I can only contact him through e-mail. He's very slow to replying to it.

 

[Ramoth]

Wait a minute...

The TWC told you they can't help you with back wages without a W2? That doesn't sound right. The company, which is still in business, owes you 3 pay periods worth of wages. I think whoever you spoke to the first time was on something.

 

[scaliff42]

I've downloaded the form for filing for backwages and it states, several times on the form and several times on the website, that they will not even consider processing your request unless it is filled out in full. That means proof that you worked there (a W-2 or some sort of Certification of Employment) and that I MUST have my boss's home address and phone number (and I have no working phone number for him - a home address is out of the question and there is no longer a business address because the office was closed).

Now, the situation becomes more complicated as of Wednesday evening.

I called my former co-worker on my team (who has also not been paid) and she said she recieved a letter from our boss that said the company was going to declare Chapter 11 and that we were not going to be paid, essentially.

So, my boss is magic.

He's closing the company (what he told me), declaring bankruptcy (what he told my former co-worker), and also remaining in business (which is what he's telling the customers on the website).

I don't care about any of this - if he's commiting fraud somewhere, fine. Not my problem - except, I want my paychecks. Assuming the Texas Workforce Commission will not help me (which they've more or less already said they won't) what are my legal options for getting my owed wages?

 

[Ramoth]

If you have check stubs, that would be proof that you worked there.

The reason I'm incredulous is at my last job we termed a guy on Tuesday, and by the following Friday TWC was contacting us about "unpaid wages, vacation pay, and bonuses due." I can guarantee this guy didn't have the home phone and address of his boss.

I suggest that you call the TWC, and explain your situation. Ask them if this is the correct form, and explain what you just explained to us about what you can and cannot provide.

Also, if you haven't already, file for unemployment.