Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Not being paid Virginia

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Not being paid Virginia

    Hello, first timer here and just curious about a paticular situation that I have found myself in.
    I was recently working for a temp firm up in VA. and they in turn had me working for a large telecom company (not sure if I can reveal who)

    Long story short there was some mis-communication between myself and the temp firms upper management and it resulted in my leaving abruptly.
    This was exactly two weeks ago and I still can't find out about my last check. The normal process is supposed to be that time goes in on Thursday and that checks are sent late Thursday or Friday. Also I fill out my time card and the supervisor of the telecom company signs it and then the temp firm pays me from that time card.

    My problem is that now the temp firm is telling me that the telecom supervisor wont sign off on my time card because he is upset with me for leaving.

    Any sugestions? Do I go after the temp firm or the telecom firm?

    Also I forgot to mention thier excuse for not sending my check last week was that I had an ID badge and a few hand tools that they wanted back, and that until they got these back I wasn't getting paid
    Last edited by 3929; 10-12-2006, 06:53 PM. Reason: more info

  • #2
    They cannot hold your last paycheck for having misc. items of theirs. You can file a claim with the DOL, should be against the normal paying employer. If they have not paid you yet, there are penalties that go along with that. Here is a link to some info http://dol.gov/dol/topic/wages/lastpaycheck.htm
    I would also recommend removing your previous employers name near the end of your post.
    Last edited by btj; 10-12-2006, 06:49 PM.

    Comment


    • #3
      Thanks, I have saved the email's, if it matters, in which they are telling me that I wont be paid until they get the tools back.

      The temp company is based in Fla. so I will see what I can get done through thier labor dept.

      Thanks again,

      I removed the nasty "V" word also

      Comment


      • #4
        Originally posted by 3929 View Post
        Do I go after the temp firm or the telecom firm?
        The temp company. It is your employer of record. While the telecom firm can also be held liable for you not getting paid, it would involve showing that they were a co-employer (or joint employer, as some prefer to say). Easier to show that you were an employee of the staffing company.

        Call them. Explain to them that you have not been paid for work you did. Their client's refusal to sign off on the timecard does not relieve them of the responsibility for paying you. See what they say about when they will pay you. IF they still refuse to pay or IF they don't pay you when they say they will, inform them that you will be contacting the department of labor.

        Don't contact the Florida DOL because the temp company is based there. Florida won't give a hoot about someone working in Virginia.

        You could contact VA DOL or the Federal DOL. Since the Feds could easily check locations in Virginia and Florida, I think they would be the better ones to handle the complaint.
        Last edited by ScottB; 10-13-2006, 01:33 AM.
        Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

        Comment


        • #5
          OP worked in Virginia, so the Virginia DOL would be the place to go. And even if it weren't Florida doesn't have any wage payment laws that the state can enforce (except the Florida minimum wage); everything there boils down to go to the federal DOL or go to court.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

          Comment


          • #6
            The reason I recommend Federal DOL is because the staffing company may not have an office in Virginia and no employee records to be examined there.

            The Federal Govt has a much longer arm than does Virginia's, I would say.
            Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

            Comment


            • #7
              But if you have tools that belong to the employer, for crying out loud, return them. They can report them as stolen or file a claim in small claims court for them.
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

              Comment


              • #8
                Originally posted by ElleMD View Post
                But if you have tools that belong to the employer, for crying out loud, return them. They can report them as stolen or file a claim in small claims court for them.
                I returned the tools over a week ago. I left VA. on a Sunday and there was no where to leave them, it also took me a couple of days to get home but they have had the tools for over a week now.

                They just emailed me saying that my time has been approved but that my check wont be cut until next Thursday.

                Comment

                The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                Working...
                X