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View Full Version : Withholding Final Check Virginia


brendamprice
10-10-2008, 05:19 AM
I worked for a company from Jan 28, 08 and was let go Wed May 7, 08. I did not have direct deposit so my check always came in the mail and was there on Wednesdays. The day I was let go my check would have been there for a full two weeks worth of pay.
My fiancee and I went up to my former place of employment asking for my check. I was told to leave and they would mail it to me. Needless to say I have not received it and it has now been 5 months. I have called and emailed numerous times but no one is wanting to give me my final check. Not to mention when I first started I was not paid for Monday or Tuesday Jan 28 and 29. I was told that would be added to my next check and it was not. I contacted the labor board and they said since I have a contract with the company I would have to take them to small claims court. Well, the owner has been very ugly to me and called threatening me. The business is very shady and I actually had an interview with the Department of Health Investigator a few days ago as well as Robert Baskin from ABC news because she's doing a story on how he treats his patients. He knows this is happening and has threatened to sue me for torturous interference for things I have posted on the web about him and the way he runs his practice. Everything I have said is the truth. He had someone call me yesterday wanting to "settle". When I say settle he wants to pay me 1600.00 and me sign a contract that I will take down what I have put on the web and not speak to anyone about his practice. I do not consider this a settlement since it's my final paycheck owed to me 5 months ago in the amount of $1846. With all that has gone on since I did not receive my final check I am four months behind on my car payment so they have tacked on 38 dollars for each late payment (which I think he should pay) and I have heard that I can sue him 6% of the final paycheck, but I don't know if this is daily, weekly, per pay period or just for the total of my final pay.

cbg
10-10-2008, 06:05 AM
Your recourse is to file a complaint with the Virginia Department of Labor.

brendamprice
10-10-2008, 06:14 AM
I did and sent them everything I had like the contract and check stubs but they sent it back saying I had to go to court since we had a contract. I just don't know what I can sue him for as in damages...

cbg
10-10-2008, 06:15 AM
I'm not convinced you can. Not all states permit it and I don't think VA is one of them. But you're free to consult with a local attorney who would know more about it than I do. Many give low cost or free consultations.

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