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Chase1988 · Aug 16, 2012, 12:02 PM

I got fired from my job today and I am supposed and payday is tomorrow. Law states that final paycheck must be issued on next pay day. So if it is tomorrow and I don't get my final check included with my normal check would they be in the wrong? Therefore able to have a lawsuit against them?

JudyKayTee · Aug 16, 2012, 12:08 PM

Originally Posted by Chase1988

I got fired from my job today and I am supposed and payday is tomorrow. Law states that final paycheck must be issued on next pay day. So if it is tomorrow and I don't get my final check included with my normal check would they be in the wrong? Therefore able to have a lawsuit against them?

Lawsuit? No. Report the "violation" to wage and hour (or whatever it's called in your area)? Yes.

EDIT: In Virginia it's the State Labor Board. Also, if part of your check is withheld for some reason (you took vacation in advance, for example) you must receive notification on the next "normal" pay date.

Fr_Chuck · Aug 16, 2012, 02:08 PM

No, and to be honest don't expect it, in most cases it is not possible for companies to do it, They have processing time to do payroll. Expect your final check on the next pay date when it would normally be paid.

There is little you can really do, file a complaint but nothing will be done and you will get your check before they even review it.

ScottGem · Aug 16, 2012, 05:10 PM

What law? Can you cite the statute? You may be misinterpreting something.

In most companies, payday is on a delayed basis. For example, my company pays hourly workers every Thursday for the week ending the previous Monday. I doubt if VA law requires a company to issue termination checks outside the regular pay schedule.

JudyKayTee · Aug 16, 2012, 05:16 PM

Virginia Law is: Virginia ( Va. Code § 40.1-29) - Final check must be given on the next scheduled payday.

ScottGem · Aug 16, 2012, 05:31 PM

Originally Posted by JudyKayTee

Virginia Law is: Virginia ( Va. Code § 40.1-29) - Final check must be given on the next scheduled payday.

Not quite. The actual text is:

Upon termination of employment an employee shall be paid all wages or salaries due him for work performed prior thereto; such payment shall be made on or before the date on which he would have been paid for such work had his employment not been terminated.

Like I said the law does not require payment outside the regular pay schedule. So the OP gets paid when he was due to be paid for the work performed.

Fr_Chuck · Aug 16, 2012, 05:36 PM

Yes, the payday it is scheduled for, There are a few states that used to have the law for the next day or even same day, Every big business I worked for, merely ignored it, No real enforcement

JudyKayTee · Aug 16, 2012, 05:50 PM

Originally Posted by ScottGem

Not quite. the actual text is:

Upon termination of employment an employee shall be paid all wages or salaries due him for work performed prior thereto; such payment shall be made on or before the date on which he would have been paid for such work had his employment not been terminated.

Like I said the law does not require payment outside the regular pay schedule. so the OP gets paid when he was due to be paid for the work performed.

I think we are talking about the same thing - or not?

Payment is due on the next scheduled pay day (for the employee). No? OP's next scheduled pay day is tomorrow.

ScottGem · Aug 16, 2012, 05:55 PM

Originally Posted by JudyKayTee

I think we are talking about the same thing - or not?

Payment is due on the next scheduled pay day (for the employee). No?

No. Using the example of my company. Employee is terminate on Wed, the next schedule pay is the next day, Thursday. However, Thursday's pay only covers through the previous Sunday. The employee is not due to be paid for Mon-Wed until the NEXT Thursday. So its not the next scheduled payday but the payday he would normally be paid for the work performed.

JudyKayTee · Aug 17, 2012, 06:50 AM

Originally Posted by ScottGem

No. Using the example of my company. Employee is terminate on Wed, the next schedule pay is the next day, Thursday. However, Thursday's pay only covers thru the previous Sunday. the employee is not due to be paid for Mon-Wed until the NEXT Thursday. so its not the next scheduled payday but the payday he would normally be paid for the work performed.

Okay, I know what you mean. I wasn't thinking about paying a week behind, holding back the first week. I was thinking work this week, get paid today.

Thanks for spending the time -