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  1. #1
    Join Date
    May 2005
    Location
    San Antonio, Texas
    Posts
    1

    Default Shorted on pay then terminated for requesting it be fixed!

    I was recruited away from an existing job to work as a restauraunt supervisor at a ranch. I was told when hired I would make 8.50 an hour plus tips. I agreed to this and handed in my two weeks notice to my previous employer. I recieved my check this past Friday, and the pay rate was that of a server. I spoke with the GM and she told me to speak with my supervisor(who was off) and that it couldn't be fixed until Monday. I left a message on my supervisors voicemail, she in turn spoke with the GM, and then called me at work and told me they were not going to fix my check. She then told me to hand my keys in and leave the property. She would not tell me why. The other employees were also having issues with their paychecks, and apparently this has been an ongoing issue. The HR manager is a friend of the GM, and has no experience in payroll, labor laws, or insurance. 30 minute breaks were deducted from my check for every shift I worked regardless of the length of the shift(one was four hours) or even the fact that I didn't take one. Some of the employees have this time deducted, some do not. There is no rhyme or reason to it. I have read the Dept. of Labor codes for Texas, and frankly, I don't understand much of it. So any commentary, suggestions, or help would be greatly appreciated.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Wage and Hour Violations

    You need to consult with a Texas lawyer who handles wage and hour claims. It may be possible to recover attorney fees as part of a wage and hour claim, so an attorney may well be interested in your case. (The lawyer may also be interested in having you refer some of your former co-workers.)

    You may also have an action for fraud, given the misrepresentation as to your wage; the lawyer can help clarify if you have a fraud case under Texas law, or if that would be subsumed into the wage and hour claim.

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