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Virginia Final Paycheck Deduction (for Employee Loan) Question

Fairfax, VA |

In 2011 I relocated for a Virginia-based employer, and was asked to sign a promissary note authorizing regular payroll deductions to repay relocation expenses (international relocation to Germany). Provision of the note included withholding my final paycheck if my employment is terminated prior to the loan being repaid in full.

Was recently informed by employer that a competitor successfully took our contract, and the only option they can offer me is transfer to a location in Africa, where I have absolutely no desire to work.

Question: Can I withdraw permission to deduct from my final paycheck? I believe there is language in my international assignment agreement that protects me, and would rather fight this battle on my terms rather than default to employer withholding my final pay.

Attorney Answers 1


You may be able to do what you have asked but it depends on the wording of the contract and note. Have a lawyer review it for you.

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