Hi - I decided in May to leave my previous job after much deliberation, giving four weeks notice (leaving mid-June). Cashflow was always problematic, we only got paid once a month (and not always on-time) and most importantly, I had secured an offer for an incredible opportunity with a top-notch tech company (at 2x salary + commissions no less).

Payroll was due on the first of the month for the pay period ending the last day of the month - I should know....I wrote the clause and the details of the employee agreements (not all employees were in the US nor in VA so contracts were written to protect the company). I also handled payroll, so, I always had control of paying myself on-time (cashflow dependent of course).

Yesterday's payroll was not done and now I'm fighting to get paid in a timely manner (can't tell if it's cashflow related or just out of spite). Tomorrow being a holiday compounds the issue.

Is there anything in VA law (or FL law...where the company is incorporated) that gives me any clout for timeliness? Obviously, after a certain point, I can sue for unpaid wages but an HR person at my new company told me it was VA law that any unpaid wages more than 14 days outstanding will accrue interest. She's not an employment lawyer so just looking for some more informed opinions.

Thanks for any help....hoping I can avoid a lawsuit and just collect what's owed. Luckily, I have reserves to get me through until the new paycheck kicks in.

VA law is what holds in your case, and that's the way you want it, believe me. Virginia is not a very employee friendly state but it's better than Florida, which has next to no protections beyond a higher than Federal minimum wage.

Virginia requires that final pay be released no later than the next regular payday after your last day of work. I have never heard of a VA law that grants you interest after any particular number of days late, but that doesn't mean there isn't one. Maybe one of the payroll people will know.

Thanks for the reply.

I guess the follow on question is this - what protections are there for getting paid on time in VA? I think that's the real issue here in my situation vs. an intent not to pay. Whether due to cashflow or an oversight, salary was not paid on time. Part of my reason for leaving was this fact - payday was always a moving target (almost always late)

I'm one of the payroll people, and the only time I've ever heard of interest on late paychecks is if you file a civil suit.

The "protections" are only as good as the employer chooses to make them. There are laws regarding how often employees must be paid, but generally, the worst that happens to an employer is a fine and that is payable to the state, not the employee.