This week, we heard a familiar story from one of our immigrant friends: He completed work for a contractor more than a month ago, but the contractor has not paid him. He is owed almost $4,000. The contractor told our friend, “Don’t worry, I’ll pay you when I get paid,” but now is not responding to our friend’s calls or texts. Our friend does not have a work permit or residency, and is afraid the contractor won’t pay him.
But, the law in Texas is clear: If you get hired for work, you get paid for that work. Immigration status does not matter. An employer who refuses to pay for work has committed a crime called Wage Theft, and the worker is entitled to be paid back wages, and sometimes more.
So, what should you do if an employer refuses to pay you for work that you’ve done? Here are some options:
1. Contact the Worker’s Defense Project. This is an organization with almost two decades helping workers recover stolen wages, learn their rights, and fight for better laws to protect workers. They have offices in Austin, Dallas, and Houston. Click here to visit their website.
2. Submit a Wage Claim with Texas Workforce Commission. Click here to see information on how to do this.
3. Contact an employment law attorney in your area. Depending on the amount of stolen wages, an attorney may or may not be able to take your case. This is why organizations like WDP are so important – they can help no matter the amount you need to recover.
Finally, if you are a victim of wage theft, DO NOT DELAY in taking action! The law provides only two years to file a law suit to recover your wages, and that time can slip away faster than you think.
If you are a client of WGV and have been the victim of wage theft in the past two years, please call or email your attorney for assistance.