What is a TWC wage claim and why would someone need to file it?
The Texas Workforce Commission (TWC) has a dedicated division to assist workers recover unpaid wages from their employers. Workers can submit a Wage Claim Form to this division and get assistance recovering any wages TWC determines they are owed. The TWC offers specific guidelines to ensure wage claims are processed correctly and in a timely manner. Let’s discuss what you will need to get started, how to monitor the claim once submitted, and what options you may have if you don’t agree with the final determination.
What is needed to file a wage claim online?
To file a wage claim you should start by creating a TWC User ID. Set this up on the website by providing your name and email. Once you have this, log in and select “Submit New Wage Claim” to access the digital Wage Claim Form. To complete the form, you will need:
names and addresses for you and your employer,
the dates you worked for them,
your regularly scheduled paydays,
the reason for separation if separated, and
a breakdown of the amounts in question.
If you have any supporting documentation that confirms this information, you should submit it with your wage claim. For example, supporting documentation might include calendar entries or communications showing the dates and times you reported for work, copies of paystubs, or other similar types of evidence. It is important to submit as much relevant documentation as possible so TWC can substantiate what occurred. You can provide these items via fax, email, or mail.
Once you file your wage claim, be sure to keep the TWC updated on any changes that occur while it is pending. It is your responsibility to notify the TWC if you move addresses, additional wages become owed, or you are paid the wages in question.
When is a decision made?
After the TWC receives your claim, they will notify your employer and allow them 14 days to respond. An investigator will be assigned to your claim. The investigator will review documentation from both sides and may ask for additional information. They will issue a determination within 12 to 14 weeks.
What if I don’t agree with the decision?
If either you or your employer disagree with TWC’s determination, each party has 21 calendar days following the date the determination was mailed to submit an appeal to the Wage Claim Appeal Tribunal. The TWC only accepts appeals by mail or fax. Click here to find everything you will need to submit the appeal. After the Appeal Tribunal receives your appeal, within six to eight weeks they will send you a hearing packet with information about your upcoming telephone hearing. You are permitted to have an attorney present for this hearing, so it may be a good idea to consult with one ahead of and during the appeals process.