WAGE THEFT

The El Paso County Attorney’s Office has the authority to pursue criminal charges for non-payment of wages or services performed by workers in El Paso County, Texas.

It may be a criminal conduct if an employer and/or a contractor fails to pay worker(s) for the hours and/or work that a victim(s) may have performed. Wage theft is a crime and should be investigated by the local law enforcement agency.

Theft of Service requires that victims first send a demand letter to their employer/contractor asking for payment of the wages or monies owed to them. This letter should be sent via certified mail with a return receipt requested and should include:

• The worker’s full name
• Dates worked for the employer/contractor
• Where they worked for the employer/contractor (must be in El Paso County, Texas)
• The type of work/services performed
• The amount of wages/monies owed for services
• The dates/hours worked for which they are still owed wages or the date the services were performed with a date of final product (e.g., fence, rock wall, etc.)

For sample demand letters please, click the following:
If you had an employer/employee relationship, received a paycheck regularly, etc. click below:
DEMAND LETTER FOR WAGES

If you performed services such as landscaping, construction work, babysitting, housecleaning, elder care, childcare, domestic work, etc., click below:
DEMAND LETTER FOR SERVICES PERFORMED

PLEASE MAKE SURE YOU KEEP A COPY OF THE LETTER YOU SENT!!!! YOU WILL NEED TO GIVE A COPY OF THIS LETTER TO LAW ENFORCEMENT AND/OR THE COUNTY ATTORNEY’S OFFICE.

In addition to filing a police complaint, El Pasoans are encouraged to file a claim with either the Texas Workforce Commission (How to Submit a Wage Claim Under Texas Payday Law - Texas Workforce Commission) or the U.S. Department of Labor (How to File a Complaint | U.S. Department of Labor (dol.gov)). Sometimes nonpayment of wages does not rise to the level of a criminal offense. Nonetheless, workers should not be discouraged to file civil claims with these agencies.