breaks

[April D]

My state is Texas. My employer stated that she was legally liable to give me breaks because I was working a nine hour shift. She never gave me the breaks but did give me my lunch hours and I was allowed to go to the restroom when it was slow. I started to ask questions to the other employees who had been there longer because I had only been there a few days;come to find out there were never given breaks. My employer also stated that every other Tuesdays that we had staff meetings and so we would not get our full hour lunch. When I started to questions other employees about this my employer fired me stating that "it wasn't working out" and that she was not able to pay me as of then but that I could come back on payday and pick up my check. When I showed up on payday I was told that my check had been put in the mail that morning so I could not get it at the time since it had already been mailed out. Do I have the right to report them for failure to issue breaks and for mailing my check without permission since now I can't pay my bills because I still haven't been paid? If so, do you have any suggestions on who I can report this to?

 

[cbg]

The state of Texas does not require an employer to ever offer any kind of breaks. It is entirely up to the employer whether to offer breaks or not.

How long ago are we talking about on the paycheck? How long ago did they say they mailed it?

 

[pattytx]

They had to pay you within 6 days (on demand) following your discharge or the next regularly scheduled payday, whichever was earlier. re: the mailing of your paycheck, see section 61.017 here:
http://www.capitol.state.tx.us/statutes/la.toc.htm

Basically this section states that, if your check is mailed (without your authorization is implied), it must be certified, registered to arrive no later than the regularly scheduled payday.

Having said that, however, I can almost guarantee you that the TWC would not put this high on their list to pursue, since the employer has, in fact (or he says he has) already put the check in the mail.

However, I'd give it about a week after they said they mailed it, then at least call the Texas Workforce Commission. But you really should have it by then.

It's a real bummer, I know, but the TWC really isn't going to go to bat for a couple of days delay. Good luck to you.