How long does an employer have to get you your check after being fired?
Question Details:
What do I need to do if they do not pay me?
Under most state labor laws and employer that fires you is required to give you your last paycheck the day that you are fired or the next pay period at the latest. If you have waited a week and have not been paid your last paycheck, then you have the right to file a lawsuit against you former employer for its failure to comply with the labor laws in your state. You should hire a lawyer to file this action as you want to make sure that you file the right documents. Depending on the wording of the statute in your state you may be entitled to obtain a reimbursement of your legal fees if you prevail on your claim against the employer. Make an appointment with a lawyer asap.
Under West Virginia law your employer must pay you your final paycheck within 72 hours. You do have legal options. You have the right to sue since the business is legally obligated to pay you your final check. If the amount in question is for under $5,000, you could take your employer to small claims court (W VA allows you to sue a corporation in small claims court). You could also file a complaint with your state department of labor and have them take action.