[TX] Can I sue my employer for unpaid wages?
- Breach of contract for unpaid wages.
- Wage theft/failure to pay wages per the employment agreement, leading to vehicle repossession and late fees (Nat’l Mkt. Share, Inc. v. Sterling Nat’l Bank, 392 F.3d 520, 525 (2d Cir. 2004)).
- Fraud—deceptive practices about payroll, W-2s, employer business taxes, and debts to health insurers.
- Unjust enrichment—kept benefits without paying me; debt collectors contacted me, lowered my credit score—intentional infliction of emotional distress.
- Violation of Labor Law; Fair Labor Standards Act.
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Thanks—solid foundation, especially naming both entities given possible successor liability. Quick take:
- Breach of contract: Valid if you have a written or implied pay agreement.
- Wage theft/failure to pay: Good; anchor to specific state labor codes and FLSA. The repossession/fees support damages, not a standalone claim.
- Fraud: Harder—you’ll need proof of intentional misrepresentation you relied on.
- Unjust enrichment: Fits. IIED is tough—courts require “extreme and outrageous” conduct beyond nonpayment, though documented deception/collection fallout can help.
- Labor Law/FLSA: Definitely include—core wage claims live here.
We can refine fraud and IIED, but your list is strong.
For Texas labor rules: Texas Workforce Commission (TWC)—search “wage and hour laws.”
For federal: U.S. Department of Labor (DOL)—search “FLSA” or “wage theft.” These cover minimum wage, overtime, final pay, penalties, etc.
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I want to sue my employer for unpaid wages. They’re being taken over by a larger company, so I’m suing both. Are these causes of action acceptable?
- Breach of contract for unpaid wages.
- Wage theft/failure to pay wages per the employment agreement, leading to vehicle repossession and late fees (Nat’l Mkt. Share, Inc. v. Sterling Nat’l Bank, 392 F.3d 520, 525 (2d Cir. 2004)).
- Fraud—deceptive practices about payroll, W-2s, employer business taxes, and debts to health insurers.
- Unjust enrichment—kept benefits without paying me; debt collectors contacted me, lowered my credit score—intentional infliction of emotional distress.
- Violation of Labor Law; Fair Labor Standards Act.
Thanks.
Okay. I'm also interested in where I can find specific labor code violations and federal wage laws.
Thanks—solid foundation, especially naming both entities given possible successor liability. Quick take:
- Breach of contract: Valid if you have a written or implied pay agreement.
- Wage theft/failure to pay: Good; anchor to specific state labor codes and FLSA. The repossession/fees support damages, not a standalone claim.
- Fraud: Harder—you’ll need proof of intentional misrepresentation you relied on.
- Unjust enrichment: Fits. IIED is tough—courts require “extreme and outrageous” conduct beyond nonpayment, though documented deception/collection fallout can help.
- Labor Law/FLSA: Definitely include—core wage claims live here.
We can refine fraud and IIED, but your list is strong.
For Texas labor rules: Texas Workforce Commission (TWC)—search “wage and hour laws.”
For federal: U.S. Department of Labor (DOL)—search “FLSA” or “wage theft.” These cover minimum wage, overtime, final pay, penalties, etc.
The fraud I meant is between the old employer and the new one—omitting debts to health insurers, issuing fictitious W-2s, etc. Could that make the deal itself fraudulent?
It raises red flags, but you’d need evidence both companies knowingly deceived (e.g., hiding debts, falsifying records to close the sale). Sloppy or suspicious practices don’t automatically equal transaction fraud—you still need intent to deceive and resulting harm.
Last clarification: if the previous employer hid debts and misrepresented profitability to the buyer, does that change your answer—only one company committing fraud and the buyer was deceived?
That points to fraudulent inducement by the seller. However, that claim typically belongs to the buyer unless you can tie the misrepresentation directly to your harm (e.g., unpaid wages due to concealed liabilities, falsified payroll/tax records that impacted you). Your strongest claims against your employer(s) remain breach, statutory wage violations (state + FLSA), and unjust enrichment; consider fraud only if you have clear, specific misrepresentations you personally relied on.
Thank you so much. No further questions.
Glad I could help! If more questions come up later, feel free to start a new chat.
