Final check after termination in virginia

Get Legal Help Today

 Secured with SHA-256 Encryption

Final check after termination in virginia

I was fired from job last week but wasn’t notified until the day my final paycheck was supposed to be deposited. I was then informed that I would have to bring in my uniform and sign paperwork before I would recieve my check. I told them without my check I have no transportation to work as it’s a 20 mile drive. I offered to have a old co-worker take them in, however they told me that I have no option but to bring them in myself.

Asked on March 23, 2017 under Employment Labor Law, Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

While your ex-employer can request that you return your uniform and personally pick up your paycheck after signng exit papaerwork, it cannot force you to do so. In VA, when an employee is terminated, their final paycheck is due on the next scheduled payday. No exceptions. If they say that you need to return your uniform, then you should but if you don't it could bill you for it and sue you if you do not pay.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

They are not allowed to withhold your final paycheck if you did not sign paperwork or return your uniform--they have to give you the check no matte what. (They could sue you for the value of the uniform if they want, if you never return it.) They have to provide it by what would have been your next regularly scheduled payday however they would have normally paid you (e.g. by direct deposit). If they do not, try contracting the state department of labor, to see if they help you; you could also sue (e.g. in small claims court, as your own attorney or "pro se") for the money.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption