Unpaid wages, final paychecks, and overtime in Texas

Leaving a job, whether you quit or were let go, raises a practical question right away: what am I still owed, and when? Many people find out only later that a final check was short, overtime was never paid, or a promised payout did not arrive.

This guide explains the main types of wage claims in Texas, when they arise, and how long you have to act. I am describing general rules under Texas and federal law. The exact answer in your case depends on your pay records, your job duties, and any written agreements.

What can an employee be owed after leaving a job?

The most common items are unpaid regular wages, the final paycheck, overtime that was never paid, and amounts promised in writing such as commissions, bonuses, or vacation payout.

Some of these come from law and some come from the employer's own policies. Texas law requires timely payment of wages but does not require severance or paid vacation. If an employer promises those benefits in a written policy or agreement, though, they can become owed.

When is the final paycheck due in Texas?

The Texas Payday Law sets the timing (Labor Code § 61.014). An employee who is fired, laid off, or otherwise discharged must generally be paid in full within six calendar days of discharge. An employee who quits must generally be paid by the next regularly scheduled payday.

Commissions and bonuses are often paid under the terms of the written plan, which may set a different date. Deductions from a final check generally need a lawful basis, such as a written authorization for a lawful purpose.

How does overtime work?

Overtime comes from the federal Fair Labor Standards Act (29 U.S.C. § 207). A nonexempt employee is generally owed one and a half times the regular rate of pay for every hour worked over 40 in a workweek. Texas follows the federal standard for most private employers.

The workweek is a fixed seven-day period. Hours are not averaged across two weeks, so 50 hours one week and 30 the next still means 10 overtime hours in the first week.

Not every employee is covered. Certain executive, administrative, professional, and other employees can be exempt, usually based on both their duties and how they are paid. A job title or a salary alone does not make someone exempt. Misclassification is one of the most common sources of unpaid overtime claims.

• Last day of workkey deadline

  Employment ends by discharge or resignation

• Within 6 days

  Final pay is generally due if you were discharged

• Next regular payday

  Final pay is generally due if you quit

• 180 days after wages duekey deadline

  Deadline to file a Texas Workforce Commission wage claim

• 2 or 3 yearskey deadline

  General limit for a federal minimum wage or overtime lawsuit

What about vacation, bonuses, and severance?

Texas does not require employers to offer paid vacation or severance. Whether these are owed at the end of a job depends on the employer's written policy or your agreement.

If a written policy says unused vacation is paid out at separation, that payout can be treated as wages. If the policy says it is forfeited, it usually is. The same logic applies to bonuses and commissions: the written terms decide when they are earned and when they are due.

Severance agreements often come with a release, meaning you give up certain claims in exchange for payment. Read the release carefully. Once signed, it can be hard to undo.

What are the deadlines for wage claims?

There are two main routes, and they have different deadlines.

A wage claim with the Texas Workforce Commission under the Payday Law must generally be filed within 180 days after the date the wages were due (Labor Code § 61.051). This is an administrative process, and it does not require a lawyer.

A lawsuit for federal minimum wage or overtime violations generally must be filed within two years, or three years if the violation was willful (29 U.S.C. § 255). An employee who wins may recover the unpaid amount plus an equal amount as liquidated damages, along with attorney's fees and costs (29 U.S.C. § 216(b)).

Because each paycheck can have its own deadline, older weeks can fall outside the period while newer ones remain inside it. Waiting reduces what can be recovered.

Which claim arises when, and how long do you have?

The table below sums up the general rules. It is a starting point for a conversation with a lawyer, not a calculation of your claim.

Item	When it is owed (general rule)	Time to act	Source
Final pay, discharged	Within 6 calendar days of discharge	TWC claim within 180 days	Tex. Lab. Code §§ 61.014, 61.051
Final pay, resigned	By the next regular payday	TWC claim within 180 days	Tex. Lab. Code §§ 61.014, 61.051
Unpaid regular wages	On the regular payday	TWC claim within 180 days	Tex. Lab. Code § 61.051
Overtime	Hours over 40 in a workweek, nonexempt employee	2 years, 3 if willful	29 U.S.C. §§ 207, 255
Vacation payout	Only if a written policy or agreement provides it	TWC claim within 180 days	Employer policy; Tex. Lab. Code Ch. 61
Severance	Only if a written agreement or policy provides it	Depends on the agreement	Contract terms

Wage claim or wrongful termination claim?

These are different questions. A wage claim asks whether you were paid what you earned. A wrongful termination claim asks whether the firing itself was unlawful, for example because it was discriminatory or retaliatory.

Texas is an at-will employment state, so most firings are not unlawful just because they seem unfair. Exceptions exist, and they come with their own deadlines. If you think the firing itself was unlawful, see the guide on wrongful termination. Many disputes over pay are resolved through negotiation or mediation; the guide on the mediation process explains how that works.

How does the process usually go for someone just let go?

Here is a fictional but realistic example. A warehouse supervisor was let go after three years. He had regularly worked 48 to 50 hours a week and was paid a salary with no overtime. His final check came late and did not include the vacation days his offer letter said would be paid out.

His first step was to gather pay stubs, the offer letter, the employee handbook, and any record of his hours, such as schedules or messages. Then he needed to know whether he was properly classified as exempt, because that decided whether overtime was owed at all.

1. 1

   Gather recordsFirst week

   Pay stubs, offer letter, handbook, schedules, and messages about hours

2. 2

   List what is owed

   Final pay, overtime, vacation payout, commissions, and when each was due

3. 3

   Check classification

   Exempt or nonexempt status decides whether overtime applies

4. 4

   Talk to a lawyerWell before 180 days

   Choose between a TWC wage claim, a demand, or a lawsuit

5. 5

   Act before deadlines

   File the claim or lawsuit while the periods are still open

How do I find out how much I am owed?

For a rough idea of overtime, you can use the overtime pay calculator, which applies the federal one and a half times rule to the hours and rate you enter. It is an estimate. The exact amount depends on your regular rate, which can include certain bonuses, and on accurate records of the hours you worked.

A lawyer can review your records, check your classification, and tell you which route makes sense and which deadlines apply. The sooner that review happens, the more of your claim stays within the time limits. For more on deadlines in general, see the guide on statutes of limitations.