How To File A Payday Wage Claim Using Paper Form

How to File a Payday WageClaim Using Paper FormTexas Workforce CommissionLabor Law Department1

How to File a Wage ClaimBy Completing anOnline FormStep 1: Logon to the Texas Wage Claimapplication by entering your User ID andpassword. New users can create a User ID. Online Wage ClaimStep 2: Select “Start New Wage Claim” andcomplete the online form. Use this tutorial forhelp completing the online form. Make sure youcomplete and submit all requested information.Step 3: After submitting the online form, you willbe able to print a cover page. Use this cover pagewhen faxing or mailing any supportingdocuments.By Faxing or Mailing aPaper FormStep 1: Get a Wage Claim form, links below. Youcan type your information directly on the form,or print the form and complete it by hand. Wage Claim form (MS Word)Wage Claim form (PDF)You can also get a Wage Claim form at aWorkforce Solutions office.Step 2: Complete the form. Make sure you signthe form. See the How to File a Wage Claim onPaper tutorial for help using the paper form.Step 3: Print the form and mail or fax to TWC,along with any supporting documents.2

How do Ifile awageclaim?Completing a Payday WageClaim (paper) formLet’s get started . . .Step 1: Get a Wage Claim form by selecting one of the following links.TWC provides the form as a Microsoft Word document or a PDF. You cantype your information directly on the form, or print the document andcomplete it by hand. Wage Claim form (MS Word) Wage Claim form (PDF)You can also get a Wage Claim form at a Workforce Solutionsoffice.Step 2: Complete the form. This tutorial describes theinformation you should provide. Make sure you sign the form.Step 3: Fax or mail a completed, printed copy to TWC, along withany supporting documents. We are unable to accept wage claimsby e-mail or telephone.3

Wage Claim FormWhen completing the Payday Wage Claimform, you’ll need: Information about your employer, such asbusiness name and address, phonenumber, and the address where youworked. The amount of unpaid wages and how youcalculated this amount. The specific dates you worked and werenot paid.Make sure: You fill out the form as completely aspossible. You complete the section indicating allinformation is true and correct and signthe claim before submitting it. You send any documentation to helpsupport your claim.4

Your wage claim may be delayed or returned if The claim isn’t complete, legible, and detailed. Include each type of unpaid wages andhow you determined the amount you are owed. There is not enough information to contact your employer. You don’t complete and sign the section declaring your information is true andcomplete. You weren’t an “employee” of the business. If unsure of your employment status, file aclaim and TWC will decide if you were an independent contractor or employee. You were employed by a close relative such as your mother, grandfather, or father-inlaw. If you’re unsure, file a claim and TWC will investigate. The employer filed for bankruptcy. You can file a claim for owed wages in bankruptcycourt. If you don’t know, file a claim and TWC will investigate. You were employed by a federal, state, or local governmental agency such as a schooldistrict. You may be able to file a claim with USDOL. Your wage claim is filed later than 180 days after the date the unpaid wages were dueto be paid. Again, you may be able to file a claim with USDOL. You file against more than one employer on one claim form. Use separate wage claimforms for filing against each employer.5

Wage Claim FormType your information directly on the form, or print the document and complete it by hand.Get a wage claim form by selecting one of the following links.Wage Claim form (MS Word)Wage Claim form (PDF)Your claim may be delayed or dismissed if the information you provide is incomplete or incorrect. If written byhand, make sure you write clearly in ink so we can read your information.Complete the Claimant Information section with information about you.We need this information so we can contact you about your claim.Complete the Employer Information section with information about your employer.We need as much information as possible so we can contact your employer.6

Wage Claim FormTell Us About Your Employment: Questions 1 – 5In this section, you should provide: Type of work / Job title Date you started working (MM/DD/YYYY) Pay rate – How much and how often were youpaid (Hourly? By the Mile? Salary?) Whether you are still working OR separated. Ifno longer working, enter the date you separated (MM/DD/YYYY) Reason you are no longer workingWork schedule (Hours per day, Days per week,or other schedule)Whether you worked in TexasWhether taxes were deducted Scheduled paydays (1st workday of the monthOR the 1st and 15th of the month? Other?)Get a Wage Claim form (PDF)7

Wage Claim FormTell Us About Your Employer: Questions 6 – 9In this section, you should provide: Whether the employer is still in business Your employer’s home address and phonenumber, if known Your supervisor’s name and phone number Whether you or your employer is inbankruptcy. If in bankruptcy, include the Chapter & Casenumber, where filed, and the bankruptcyattorney’s contact information. Your relationship to the employer, ifapplicable The reason the employer gave for not payingyouGet a Wage Claim form (PDF)8

Wage Claim FormTell Us About Your Unpaid Wages: Questions 10 – 12In this section, you should provide: The gross amount of wages owed for each ofthe types listed The scheduled payday for the unpaid wages(Date you expected to be paid) The total amount of unpaid wages claimed on The dates you worked for which you receivedno wagesthis formUse the Wage Claim Form Attachment to explain how you calculated the amounts claimed.Note: Expenses, per diem, and fuel reimbursements are not wages and TWC is not able to rule on those types of claims.9

Wage Claim Form AttachmentTell Us About Your Unpaid Wages:Questions 14 – 16On the Wage Claim Form Attachment, youshould provide: The beginning date of the workweek foreach day worked (MM/DD/YY) The time you started work and when youstopped working. Include break or lunch. The number of hours worked each day The total hours worked each weekMake copies if you need more pages.If claiming Commission or Bonus, provide acopy of the employment agreement and anysupporting documentation.Get a Wage Claim form (PDF)10

Wage Claim FormTell Us About Your Unpaid Wages: Questions 13 – 17, if applicableIn this section, you should provide: Commission/Bonus: The date wages wereearned (MM/DD/YY) and how youcalculated the amount due Fringe Benefit: The type of benefit claimedand how you calculated the amount due Deductions: Whether you signed anauthorization for deductionsAttach documentation to help support your claim. If claiming Commission or Bonus, provide a copy of theemployment agreement and supporting documentation.11

Wage Claim FormCertify and Sign: You must complete this section and sign for your wage claim to be accepted.Completing this section indicates your information is true and correct.Chapter 61 Texas Labor Law Code provides that a penalty may be assessed against employers that act in badfaith in not paying wages. The same penalty can be assessed for wage claims brought in bad faith.In this section, you should provide: Your full name Your date of birth (MM/DD/YY) Your complete addressGet a Wage Claim form (PDF) County and State where you competed thisform Date signed (MM/DD/YY) SIGNATURE12

Submit YourWage Claim Formand supporting documentsFax to: 512-475-3025Note: Most Workforce Solution Offices have free fax services for wageclaims.Mail to:Texas Workforce CommissionLabor Law Section101 East 15th Street, Room 514Austin, TX 78778-000113

Wage Claim Determination ProcessAfter TWC receives your wage claim form, we:1. Review the claim: If the form is incomplete or not signed, we return it to you and request theadditional information. This will delay your claim, so it’s important to make sure your form iscomplete.2. Mail a copy to your employer: Your employer has 14 days to respond to the claim. If wereceive a response, we send a copy of their response to you. You may provide additionalinformation if you disagree with the employer’s response.3. Assign to an investigator: We review the information from you andyour employer. If we need additional information, we will contactyou at the address on the form. If you move, you must fax or mail awritten change of address to the Labor Law Section.4. Issue a determination: It can take about 12 to 14 weeks to completethe investigation. Once complete, we mail a Preliminary WageDetermination Order to you and your employer. This Order providesinformation on how to appeal if you claim is denied. If you or youremployer disagree with the determination, you must submit anappeal within 21 days from the mail date of the Order.5. Refer to Collections: It takes a minimum of 31 days before thedetermination is sent to Collections. (see slide 25 for moreinformation)14

Appeal ProcessIf you disagree with a decision, you may appeal to theWage Claim Appeal Tribunal. The Appeal Tribunal mayamend, modify or reverse a Preliminary WageDetermination Order.Submit your appeal online, by fax, or by mail within 21calendar days of the date we mailed you thePreliminary Wage Determination Order.TWC will use the postmark date or the date we receive the fax or online form to determinewhether your appeal is timely. If you fax or submit your appeal online, retain a copy of yourconfirmation as proof of transmission.Submit online at: www.texasworkforce.org/paydayappealFax to: 512-463-9318Mail to: TWC Special Hearings Department101 East 15th StreetAustin, Texas 78778-0001You cannot file an appeal by e-mail or over the phone.15

Commission ReviewIf you disagree with the results of the Wage Claim Appeal Tribunal, you mayrequest a Commission Review.Submit your appeal online, by fax, or by mail within 14 calendar days of thedate we mailed you the Wage Claim Appeal Tribunal decision.TWC will use the postmark date or the date we receive the fax or onlineform to determine whether your appeal is timely. If you fax or submit yourappeal online, retain a copy of your confirmation as proof of transmission.Motion for RehearingIf you disagree with the Commission decision, you may request a Motion for Rehearing within 14calendar days after the date we mailed you the Commission Decision. TWC will grant the Motion forRehearing only if you show: Important new information about your case A compelling reason why you did not present the new information earlier Why you think the new information could change the Commission decisionSubmit an appeal online at: www.texasworkforce.org/paydayappealFax to: 512-475-2044Mail to:TWC Commission Appeals101 East 15th Street, Room 678Austin, Texas 78778-000116

Appeal to a Civil CourtYou may appeal to a civil court within 30 calendar days after the dateTWC mailed you the Commission decision. You must have completedall the appeal steps available through TWC, except the optional Motionfor Rehearing, before appealing to a civil court.The instructions for submitting an appeal to a civil court are includedwith the Commission decision.If you win your Commission Appeal and the losing party appeals to civil court, it is important thatyou cooperate with TWC and the Attorney General, who will represent TWC in the civil courtproceeding. Failure to cooperate fully with the Attorney General in the civil court process couldresult in the case being reversed. Also, since the Attorney General can, by law, only representTWC, you may wish to hire your own attorney.If wages were ordered by prior Hearings/Reviews, an escrow account will be created and wageswill be held until the outcome of the Judicial Review.17