I took my 40 hours of paid vacation time. Upon returning to work I was terminated. reason for termination was a supervisor who has since quit informed me that we were leaving for an out of state job on Monday, and everyone actually left on sunday. I was fired for this one and only no call no show and I was not notified of the termination and nobody bothered to call me on sunday until after they left. Now they are refusing to pay for my 40 hours of vacation time that were spent BEFORE termination, plus 4 hours of travel time to a class I took the day before my vacation began. I also discovered that during a union scale job in DC both employees and the customers were being charged for the employees hotel and per diem and employees were paid $10 under union scale. Plus he is refusing to provide pay stubs so that I can apply for unemployment.
You can take your claim for vacation pay and travel time and per diem pay to small claims court, provided that it does not amount to greater than $5000. Your claim will have to be based on a contract theory and it will help to have the company's policy to present to the judge. Watch out for the exceptions to payment of vacation pay as many companies have them written into their policies. Should the amount be over $5000.00, you will have to file in Virginia District Court and you would be wise to engage an attorney for help with your claim.
As for the company failing to pay you union scale wages, you should contact the US Department of Labor's Wage and Hour Division to discuss your situation and find out if your employment was subject to the Davis Bacon Act and the Service Contract Act. These acts only come into play if you were performing work on a Federal installation/building.
I do not know how you were paid ( e.g., cash,check or electronic transmission etc.) but if payment was deposited in a bank account, you will have a record of this and it should be submitted to the Virginia Employment Commission for purposes of your potential unemployment compensation. http://www.vec.virginia.gov/ The VEC has an obligation to pursue an employer who fails to pay unemployment compensation taxes. If that fails, I would contract your member of the state legislature for assistance.
This is meant as general legal information and is not to be construed as legal advice in an attorney client relationship.
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