Employment Law/Final Pay


QUESTION: Dear Mr. Magill,

 I was wondering how long a government employer in Texas has to pay all remaining monies owed to an employee that has been terminated. The Texas Labor Code in chapter 61 said an employer has six days, but it said that the chapter does not apply to government employers. Any help would be much appreciated. Thanks.

ANSWER: Andrew:

I am researching your question. In the meantime, can you tell me (in a private follow up, if you wish) what governmental entity you worked for?  Some of them may have their own rules about final wage payments, since as you noted public employers are not subject to the Texas Payday Law. Also, were you represented by a union?

Thanks for any extra information you can provide.

---------- FOLLOW-UP ----------

QUESTION: Dear Mr. Magill,

 Thanks for your reply. My employer was Denton County. We were not represented by any unions.


I have not been able to find any law or regulation specifying how long a local government agency has to pay someone their last wages after termination of employment.  If they fail to pay you for an extended time, say 30 days or more, I would suggest going to an experienced employment attorney to consider filing suit against the county for breach of contract, since the Payday Act does not give the TWC jurisdiction over wage claims against public employers.  you can get a referral from the Denton County Bar Association here:


Sorry I can't be of any more help. Perhaps you've been paid by now and this is all moot!  I sure hope so.  

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Frank C. Magill


I can answer questions about any U.S. labor or employment law question. I cannot answer questions about non-US law. I am not a specialist in employee benefit law (ERISA and HIPAA) or Workers' Compensation law, but will do my best to point questioners toward good resources availabe online. Expertise includes, without limitation, EEO/Affirmative Action/Employment discrimination (Title VII, Age Discrimination in Employment Act, Americans With Disabilities Act, GINA, Fair Credit Reporting Act as applied to employment); Fair Labor Standards Act; Texas labor code; Family Medical Leave Act; employee compensation; discipline and dismissal; force reductions, severance pay programs and administration; collective bargaining, union representation, grievances and arbitration, National Labor Relations Act and National Labor Relations Board; employee handbooks; staffing; dispute resolution outside of traditional labor agreements; employee communications; employment policies and compliance programs; codes of ethics; employment or labor litigation.


30+ years experience as corporate counsel for a Fortune 100 telecom company, specializing in labor and employment law issues. In addition to providing day-to-day advice to my company's internal HR leadership and staff, I've represented the company in numerous labor arbitration cases and at the bargaining table.

Texas, Illinois and Missouri state bars

J.D. 1979, Harvard Law School. B.A., Summa Cum Laude, 1976, Illinois Wesleyan University.

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