Last Paycheck

[Fairy4]

What is the name of your state?VA

I was fired from my job 3 weeks ago, on a Thursday. We were scheduled to get paid the following Tuesday. It was our pay cycle to get paid every other Tuesday (time sheets were turned in the day before I was fired). To date, I have not received my last paycheck. I live only 25 miles, and 1 county from my previous employer. So they have had ample time to mail it out.

I didn't want to go down there, as I did not want to cause a scene, etc. I already contacted the Dept. of Labor two weeks ago, and I still haven't received a response from them either!

Is there any reason legally that my employer can not pay me what I am owed?

 

[JETX]

Is there any reason legally that my employer can not pay me what I am owed?

ANY reason?? Can't answer that overly-broad question without a LOT more information.
Any PRACTICAL reason?? No.

Per Virginia Code:
§ 40.1-29. Time and medium of payment; withholding wages; written statement of earnings; agreement for forfeiture of wages; proceedings to enforce compliance; penalties.

A. 1. All employers operating a business shall establish regular pay periods and rates of pay for employees except executive personnel. All such employers shall pay salaried employees at least once each month and employees paid on an hourly rate at least once every two weeks or twice in each month, except that (i) a student who is currently enrolled in a work-study program or its equivalent administered by any secondary school, institution of higher education or trade school, and (ii) employees whose weekly wages total more than 150 percent of the average weekly wage of the Commonwealth as defined in § 65.2-500, upon agreement by each affected employee, may be paid once each month if the institution or employer so chooses. Upon termination of employment an employee shall be paid all wages or salaries due him for work performed prior thereto; such payment shall be made on or before the date on which he would have been paid for such work had his employment not been terminated.

2. Any such employer who knowingly fails to make payment of wages in accordance with this section shall be subject to a civil penalty not to exceed $1,000 for each violation. The Commissioner shall notify any employer who he alleges has violated any provision of this section by certified mail. Such notice shall contain a description of the alleged violation. Within 15 days of receipt of notice of the alleged violation, the employer may request an informal conference regarding such violation with the Commissioner. In determining the amount of any penalty to be imposed, the Commissioner shall consider the size of the business of the employer charged and the gravity of the violation. The decision of the Commissioner shall be final.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+40.1-29

I suggest you contact your former employer in WRITING (certified RRR) and make a polite 'demand' for payment of all of your owed wages. Include a reference to the above Code and that if payment is not receivied within 5 days, you will be forced to file a complaint wtih the Virginia Employment Commission.

 

[Fairy4]

I sent a letter RRR early last week, and did not hear anything back. This morning I filled out and mailed a complaint form for unpaid wages to the VA Dept. of Labor. The VEC directed me to them.

I simply meant, could the employer say "she didn't perform all of her work" to get out of paying me? I was fired under very surprised circumstances. After 7 months working with this employer, the manager said things weren't working out, etc. I had had no written warnings, etc before that. Just wondered if they could make up an excuse to not pay what is owed to me!

Thanks for your help!

 

[JETX]

I simply meant, could the employer say "she didn't perform all of her work" to get out of paying me?

Unless your work was 'piece-work' or somehow exempted from the FEDERAL minimum hourly wage laws..... no.

 

[Gadfly]

There is this thing invented by a man named Bell. It is called a phone. If you've never used one they are fairly easy to learn how to use.

Why not try using it to contact your former employer and find out what is happening?

Seems like you've contacted everyone except the people who could answer your question.

Alternate suggestion: Hire an attorney. Pay him/her $600.00 to call your former employer for you.

 

[Fairy4]

Unless your work was 'piece-work' or somehow exempted from the FEDERAL minimum hourly wage laws..... no.

No I was a employee, that got paid hourly. 40+ hours a week

There is this thing invented by a man named Bell. It is called a phone. If you've never used one they are fairly easy to learn how to use.

Why not try using it to contact your former employer and find out what is happening?

Seems like you've contacted everyone except the people who could answer your question.

Alternate suggestion: Hire an attorney. Pay him/her $600.00 to call your former employer for you.

I have called and left numerous messages for the owner (he is never there at set times), and I have not heard from him. I am sorry if I led you to believe that I hadn't tried to contact them. Since he is the only one who processed and signed the payroll, I see no use in talking in length to the secretaries, etc. I also sent him a RRR letter at the beginning of last week. How long should I sit around and wait for him to return my calls or letter, before I do anything??? I do not want to go there in person, because I do not wish to have any kind of altercation with them.

 

[pattytx]

Shoot, I'd go ahead and file now. You have nothing to lose and the earlier you get your claim into the system, the better.