Detailed Answer
If your employer failed to maintain accurate time and pay records, you can still pursue a lost wage claim in Texas. Under Texas Labor Code Chapter 61, the Texas Workforce Commission (TWC) investigates unpaid wage claims. Texas law allows employees to rely on reasonable estimates when employer records are missing or incomplete.
1. Understand Your Rights Under Texas Law
Texas Labor Code § 61.051 defines a wage claim as any request for wages or other compensation due an employee. If an employer refuses or neglects to pay, you can file with the TWC within 180 days of the last unpaid wage. (See Tex. Lab. Code § 61.051.)
2. Use Federal Wage‐Hour Rules for Missing Records
Under the Fair Labor Standards Act (FLSA), if an employer’s records are inaccurate or missing, you may prove hours worked by using your own records and reasonable estimates. (29 C.F.R. § 516.2; see 29 C.F.R. §516.2.) Courts accept affidavits, journals, pay stubs, and bank statements showing deposit amounts.
3. Gather Alternative Evidence
• Personal time logs or calendars noting start and end times.
• Emails, text messages, or project files timestamped during work hours.
• Bank deposit records showing payment dates and amounts.
• Testimony or affidavits from coworkers or supervisors confirming your schedule.
4. Estimate Hours and Pay Rate
• Reconstruct schedules using shift confirmations, work assignments, or production reports.
• Determine your pay rate from past pay stubs, offer letters, or job postings.
• If your position had commissions or bonuses, estimate average payouts based on prior periods.
5. Calculate Your Lost Wages
1. Multiply estimated hours worked by the agreed pay rate.
2. Add overtime wages if you worked more than 40 hours in a workweek at 1.5× your regular rate.
3. Subtract any partial payments already received.
4. Include interest and penalties as allowed under Texas Labor Code § 61.003. (Tex. Lab. Code § 61.003.)
6. File Your Claim With the TWC
• Complete the online wage claim form at the TWC website.
• Attach copies of your supporting evidence and a sworn statement of your estimates.
• Cooperate fully with any TWC investigator’s requests.
Disclaimer: This article provides general information about Texas law. It is not legal advice. Consult a qualified attorney for advice on your situation.
Helpful Hints
- Keep contemporaneous records: start a diary or spreadsheet now—even if you’re still employed.
- Collect all employment‐related documents immediately after you suspect missing records.
- Use pay period templates to reconstruct time logs with average start and end times.
- Keep copies of all correspondence with your employer about missing or disputed pay.
- Submit your TWC claim promptly; missing the 180‐day deadline can bar recovery.
- Consider consulting an employment attorney if your claim involves complex pay structures.