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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 7 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).                      


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 lock Secured with SHA-256 Encryption