I resigned from a delivery driver position in the middle of the pay period. I went back to collect it a week after the pay period. Said employer first did not have my hours worked docked. I notated them. Then requested to have me send said hours via text and would issue a check. I have done such waited four days and went back in. Once again this employer still does not have a check for me. How long should wait to pursue legal recourse or is it even worth it? The hours owed are 16hrs at $7.25 and 10hrs at $5(delivery driver).
Employers are required to pay employees that have terminated their employment on the next regular pay period. If for some reason they don't have enough information to process the pay by that date, they most likely need to pay by the next pay date. If the employee isn't paid on time, they can file a Virginia Department of Labor and Industry wage claim. There is no charge to file a wage claim and you don't need an attorney. Often the employer pays before the claim is even processed, but if not they can push the employer to pay. If you have questions about whether you were paid properly or have unpaid overtime, you may have additional legal issues. Consider consulting with a Virginia employment attorney.
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.
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