Q. One of our employees has not cashed a paycheck that we issued to her several months ago. How long are we required to keep the paycheck active?
A. The Texas Payday Law (Labor Code Chapter 61) does not explicitly address this issue. Nevertheless, the law states—in section 61.051(c)—that an employee has the right to file a claim for unpaid wages up to 180 days from the date the wages were due to be paid. The employee may file the wage claim:
- In person at an office of the Texas Workforce Commission
- By mailing the claim to an address designated by the commission
- By faxing the claim to a fax number designated by the commission
- By any other means the commission adopts by rule.
In addition, the employee might be able to pursue action through other venues, such as a lawsuit, or through the U.S. Department of Labor.