What a TWC wage claim is and when you need one
A wage claim is a formal complaint you file with the Texas Workforce Commission (TWC) when your employer owes you money for work you performed but did not pay you. This is separate from unemployment insurance. You use a wage claim when your employer has withheld wages, failed to pay you for hours worked, or refused to pay you after you quit or were fired.
The TWC's Wage and Hour Division investigates these claims at no cost to you. The state can order your employer to pay you what you are owed, plus penalties in some cases. You do not need a lawyer to file, though you can hire one if you choose.
A wage claim is different from an unemployment claim. Unemployment insurance replaces income when you lose a job through no fault of your own. A wage claim recovers money your employer already owed you for work already done. You can file both at the same time if both situations explore to you.
Key Takeaways
- You file a wage claim with the TWC's Wage and Hour Division when your employer has not paid you for work you performed.
- You can file online through the TWC website, by mail, or in person at a TWC office, and there is no cost to file.
- You will need your employer's name and address, the dates you worked, the amount owed, and a description of why the money was not paid.
- The TWC investigates your claim and can order your employer to pay you; the process typically takes several weeks to several months.
- If your employer does not pay after the TWC orders them to, you can take the case to small claims court or pursue other legal action.
How to file a wage claim with the TWC
You can file a wage claim through three routes: online, by mail, or in person. The online method is fastest. Go to the TWC website, navigate to the Wage and Hour Division section, and look for the wage claim form. You will fill out your information, your employer's information, and details about the wages owed.
If you file by mail, send the completed form to the TWC Wage and Hour Division at the address listed on their website. If you file in person, visit your local TWC office with the form and any supporting documents. All three methods are free, and the TWC will not charge you a filing fee.
You must file your wage claim within a certain time frame. Texas law generally allows you to file within two years of the date the wages were due, though some situations have different important date. If you are unsure whether your claim is still timely, file it anyway—the TWC will tell you if it is too late.
What information and documents you need to gather
Before you file, collect the following: your employer's full legal name and business address, the dates you worked, the total amount of money owed, and a clear description of why the money was not paid. For example: "Employer did not pay me for my final two weeks of work" or "Employer deducted $500 from my paycheck without permission."
Bring any documents that support your claim. These might include pay stubs, time sheets, text messages or emails from your employer about your pay, a written job offer, or a letter from your employer acknowledging the debt. If you have a contract, bring that too. The TWC does not require these documents to open an investigation, but they strengthen your case.
If you were paid in cash and have no written record, write down everything you remember: the dates, the hours, the rate you were promised, and any witnesses who can confirm you worked. The TWC can still investigate based on your testimony alone, though documents make the case move faster.
What happens after you file
Once you file, the TWC sends a copy of your claim to your employer and gives them a important date to respond—usually 10 to 14 days. Your employer can agree that they owe you, dispute the claim, or ignore it. If they ignore it, the TWC may rule in your favor by default.
If your employer disputes the claim, the TWC investigates. They may contact you and your employer separately to gather information, review documents, and ask questions. This investigation phase typically takes several weeks. You may be asked to provide additional documents or clarify details about your work and pay.
After the investigation, the TWC issues a information—a written decision stating whether your employer owes you money and how much. If the TWC rules in your favor, your employer has a important date to pay. If they do not pay, you can take the case to small claims court or pursue other collection methods.
What to do if your employer disputes the claim
If your employer says they already paid you, paid you in full, or disputes that you worked the hours you claim, the TWC will not automatically side with you. Instead, they will examine the evidence from both sides. This is why documents matter: pay stubs, time records, emails, and witness statements all help prove your case.
You may be asked to attend a hearing or phone conference where you and your employer can present your sides of the story. You can bring witnesses, documents, or a representative to speak for you. The TWC will then make a final decision based on what they hear and see.
If you disagree with the TWC's decision, you can appeal it. The appeal process has specific important date and procedures, which the TWC will explain in their decision letter. You have a limited time to file an appeal, so read the decision carefully and act quickly if you want to challenge it.
What happens if the TWC rules in your favor
If the TWC determines that your employer owes you money, they issue an order requiring payment. Your employer has a important date—usually 10 days—to pay you the full amount. Many employers pay at this point because they know the state is involved and the debt is now official.
If your employer does not pay after the TWC order, you have options. You can file a claim in small claims court using the TWC's information as evidence. You can also report the unpaid judgment to credit agencies, place a lien on the employer's property, or pursue wage garnishment through the court system. The TWC can provide information about these next steps, though you may want to consult with a lawyer about which option makes sense for your situation.
Some employers pay in installments rather than a lump sum. If your employer proposes a payment plan, make sure it is in writing and includes specific dates and amounts. If they miss a payment, you can return to court to enforce the original judgment.
How long the process takes and what to expect
From the time you file until the TWC issues a information, the process typically takes 4 to 12 weeks, though it can be faster or slower depending on how quickly your employer responds and how complex the case is. If your employer does not respond at all, the case may move faster. If they dispute the claim and the TWC needs to investigate thoroughly, it may take longer.
During this time, stay in touch with the TWC. If they ask for documents or information, send it promptly. If you move or change your phone number, update your contact information with the TWC so they can reach you. If you miss a important date or fail to respond to a request, the TWC may dismiss your claim or rule against you.
After the TWC issues a information, if your employer does not pay, the collection process can take additional weeks or months depending on which method you use. Small claims court, for example, has its own timeline and procedures.
Frequently Asked Questions
Can I file a wage claim if I quit my job?
Yes. A wage claim is about money your employer owed you for work you did, not about why you left. If your employer did not pay you for hours worked, final wages, or anything else, you can file regardless of whether you quit, were fired, or left for any other reason.
Do I need a lawyer to file a wage claim?
No. Filing a wage claim is free and you can do it yourself. However, if your employer disputes the claim and the case becomes complicated, or if you need to pursue collection after the TWC rules in your favor, a lawyer can help. Some lawyers work on contingency, meaning they take a percentage of what you recover rather than charging upfront fees.
What if my employer has gone out of business?
You can still file a wage claim. The TWC will investigate and attempt to locate the employer or their assets. If the business has truly closed and has no assets, collecting may be difficult, but filing creates an official record of the debt and may help if the owner starts a new business later.
Can I file a wage claim and an unemployment claim at the same time?
Yes. These are two separate processes. A wage claim recovers money your employer owed you. An unemployment claim provides income replacement after job loss. You can pursue both simultaneously if both situations explore to you.
What if the TWC rules against me?
You can appeal the decision. The TWC's information letter will explain how to appeal, including the important date and where to send your appeal. You typically have 10 to 15 days to file an appeal. If you believe the TWC made an error or did not consider important evidence, an appeal gives you a chance to present your case again.