Expert: Umesh Chaudhary - 4/18/2008

Question
I recently was fired and i unfortuantly and accidently broke a TV set that was on a falty cart, she said she would hold my last check till it was paid. the cost is 485 dollars for a Flat tube Tv 27inch. that doesnt even sound right and since it was an accident and i wasnt stealing it. i dont think im even legally responsible for it right? i live in San Marcos, TX btw.

Answer
Dear Jay,

Hope you're doing well!

No, as per the federal law they cannot deduct any amount from your wagews. Regarding paychech the Texas Payday Law regulates the timing of the final paycheck in section 61.014. If an employee is laid off, discharged, fired, or otherwise involuntarily separated from employment, the final pay is due within six (6) calendar days of discharge. If the employee quits, retires, resigns, or otherwise leaves employment voluntarily, the final pay is due on the next regularly-scheduled payday following the effective date of resignation. "Mutual agreement" separations are generally regarded as involuntary, although that result is not inevitable and ultimately depends upon a close look at all the events and circumstances leading to the work separation. Whether a work separation is voluntary or involuntary is determined according to existing rules for deciding the nature of the work separation in unemployment compensation cases. Basically, if the employee initiates the work separation and leaves while continued work is still available, the work separation is voluntary. If the employer initiates the work separation, i.e., the employee has no choice but to leave at a certain time, the work separation will be considered involuntary.

Best regards,

Umesh Chaudhary
New Delhi, India
(welcomeumesh@yahoo.com)