If I resigned for my previous job about 4 months ago, what can I do if I haven’t yet received my all of my wages and bonus?

I have talked with my employer before resigning the job and also after leaving the job about my pending salary and billable bonus payments. My employer has said multiple times that they will take care of them soon but I have not seen anything done in this regard. Now, they are ignoring my calls/emails. How can I approach this legally?

Asked on October 7, 2015 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You sue them, if they failed to pay you any wages or commissions or bonsuses you earned a lawsuit is how you force someone to pay you when they are obligated to yet refuse to do so. To win, you'd need to prove
1 For basic wages or salary, that you worked those days or hours and what your wage/salary had been you can use your testimony, pay records or paystubs, time sheets, etc.
2 For commissions, the terms of the commission e.g. the % and that you made the sale you can use testimony and any documentation of the sale and of prior commissions.
3 For bonuses, you'd have to prove that the bonus was guaranteed e.g. for hitting certain benchmarks, no discretionary, and that you accomplished the requirements for the bonus. Bonus letters, agreements, or plans would be very helpful evidence.


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