I recently terminated my employment with a trucking company.I was hired as a sub contractor, I.e. drove a truck for an owner leased to this company.
I should have been paid one week after termination.
Truck owner/Employer said he will mail my check.
That puts it past the line for reasonable time
to pay wages
An employer in Virginia has until the next regular payday to pay a final paycheck, so even if they told you earlier than that it probably doesn't matter. If you don't get the pay by that date, you could threaten to file a wage claim with the VA Dept of Labor and Industry. If you are a true contractor and not employee (and not incorrectly classified as a contractor, as is often the case), then your only recourse would be to take legal action to get the payment that is owed, and that depends on the contract. You could take the company you did work for to small claims court, for example. You should consult with an experienced Virginia employment lawyer to review your situation and advise you on your options.
Please be aware that my answer discusses the law only generally and is not legal advice, nor does it create an attorney client relationship. You should not rely on answers in this Q&A without consulting an attorney authorized to practice law in your state to review the specific issues in your case. Keep in mind attorneys are not permitted by Avvo to ask for business here and our answers reflect that, but you may contact an attorney through their profile for a consultation. Thank you.
As Mr. Jankovick says, the big question is whether you were an "employee" (in which case you are entitled to get your pay and penalties because your pay is late), or a "contractor", in which case you just have a contractual right to collect the money you were promised. Even though you are labeled a "contractor", that label isn't binding, or even particularly important. Here is a link to the legal guide I wrote which may help you decide whether you were an employee or a contractor. https://www.avvo.com/legal-guides/ugc/are-you-an-employee-or-a-contractor- But, in any case, I suggest you make a complaint about non-payment of wages to the Virginia Department of Labor, and let THEM decide whether you are an employee or contractor. Good luck!
This response creates no attorney client relationship; consult a local lawyer for help if you proceed.
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