What are my rights if I was fired and didn’t receive my paycheck within 72 hours?

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What are my rights if I was fired and didn’t receive my paycheck within 72 hours?

I was fired from my job without notice on 10th. I have finally spoken to someone today, the 18th, who has assured me that I will receive my final check in the next few hours. What can I do about my employer delaying my final paycheck?

Asked on April 18, 2017 under Employment Labor Law, West Virginia

Answers:

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

Answered 4 years ago | Contributor

In W VA, if an employee is teminated they must be paid their final paycheck within 4 business days or the next regularly scheduled pay day, which ever comes first. If you haven't been paid as legally specified, you need to file a formal wage complaint with the Division of Labor by completing and returning a "Request For Assistance" form available on its website. Under state law, your ex-employer can be assessed "liquidated damages", which is a monetary penalty that is calculated at 3 times the total amount of gross wages owed. In order to pursue these damages, you'll be required to file a complaint, on your own, in magistrate court in the county where you worked (or hire a local attorney for assistance).                      


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