Accounting, Payroll & Pension Issues/payroll and termination

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Expert: - 7/3/2008


Question
I have an employee that was terminated for showing up to work drunk. This happened on a Thursday and our payday is the following Friday (tomorrow).  He says that in the State of Texas, you must be paid within 3 days of termination.  He is a server in a restaurant.

Answer
It is six days in Texas not 3 days.

Here is a copy of the law:

§ 61.014.  PAYMENT AFTER TERMINATION OF EMPLOYMENT.  
(a)  An employer shall pay in full an employee who is discharged
from employment not later than the sixth day after the date the
employee is discharged.
  (b)  An employer shall pay in full an employee who leaves
employment other than by discharge not later than the next
regularly scheduled payday.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993

Here is the Texas Workformce site where you can find it.

http://tlo2.tlc.state.tx.us/statutes/la.toc.htm

Shirley

Accounting, Payroll & Pension Issues

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Shirley McAllister, CPP, PHR

Expertise

I can answer payroll questions, payroll tax questions, 401K questions. No stock option questions please and I have some knowledge of other pensions but am most familiar with the 401K pension. I can answer U.S.and Canada payroll questions proficiently and have a good general knowledge of UK and South Africa and some knowledge of Australia and New Zealand Payroll procedures. Please do not ask me homework questions I do not have time to answer them.

Experience

25 years with an international company in the Human Resources, Payroll and Payroll Tax areas.

Organizations
SHRM, APA, I.O.M.A.

Publications
I.O.M.A. and BNA

Education/Credentials
P.H.R., C.P.P., Canadian Payroll Administrator, Successfully passed APA class on UK Payroll Administration. Boise State University Human Resource Certification

Awards and Honors
APA Hotline Citation of Merit for last 8 years.

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