I was hired by someone who operates a small early childhood education program to work once a week on Saturdays. I'm from China and was employed to teach young children Chinese language and music. I worked for the employer on the first Saturday, but afterwards I realized for several personal reasons that I really couldn't keep doing this job--the main reason is, I'm a new driver and going on the highway was very dangerous for me...going by highway takes about 20 minutes and on the local roads without the highway take 45 minutes to an hour.
Initially, I had signed a very brief contract. The only provision on the contract was that the employer and employee were required to notify each other 14 days in advance if they wished to terminate the employment. After the first Saturday, I informed my employer immediately that I wouldn't be continuing. This was 7 days in advance, and told her that I would help her find another person to replace myself as a teacher. I wrote her about three or four emails to apologize and tell her I would find a replacement but she never replied to me. Later, I encountered her in person because we are taking the same class together. First I apologized and then told her that my friend would take the job and asked about my paycheck. But, my former employer informed "I may not be able to pay you, since I may incur a loss." Thus, I believe the employer had no loss because I found a replacement teacher immediately, and no parents withdrew their children from the class.
I found a friend to replace me as a teacher; my friend worked once and then quit because her husband wanted them to have more time together. After my friend quit, the former employer didn't pay her either.
The pay check is not big but the former employee's attitude really hurt me. She was very rude and unprofessional communicating with me. I wrote emails to her to ask her the actual reason she was withholding my paycheck, but she never responded. Later, in person, I asked her why she didn't respond to my emails and she said that I "wasn't her priority." I told her that she must give a clear reason for withholding my paycheck according to law, and she said, "It's very simple. You broke the contract." She then said, "If you want to go the 'legal' way, I can inform my attorney." But she can see that I'm a student and don't have any money for a lawyer. I feel she is taking advantage of me, and I feel it's because she sees I'm new in this country and don't have a lot of people to help me, so she feels she can take such a rude attitude with me.
Thank you in advance for all your help!
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The Code of Virginia§ 40.1-29 (A)(2): "Any such employer who knowingly fails to make payment of wages in accordance with this section shall be subject to a civil penalty not to exceed $1,000 for each violation." (C) No employer shall withhold any part of the wages or salaries of any employee except for payroll, wage or withholding taxes or in accordance with law, without the written and signed authorization of the employee. An employer, upon request of his employee, shall furnish the latter a written statement of the gross wages earned by the employee during any pay period and the amount and purpose of any deductions therefrom. (D) No employer shall require any employee, except executive personnel, to sign any contract or agreement which provides for the forfeiture of the employee's wages for time worked as a condition of employment or the continuance therein, except as otherwise provided by law. (E) An employer who willfully and with intent to defraud fails or refuses to pay wages in accordance with this section is guilty of a Class 1 misdemeanor if the value of the wages earned and not paid by the employer is less than $10,000 [...]
See: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+40.1-29
Initially, I had signed a very brief contract. The only provision on the contract was that the employer and employee were required to notify each other 14 days in advance if they wished to terminate the employment. After the first Saturday, I informed my employer immediately that I wouldn't be continuing. This was 7 days in advance, and told her that I would help her find another person to replace myself as a teacher. I wrote her about three or four emails to apologize and tell her I would find a replacement but she never replied to me. Later, I encountered her in person because we are taking the same class together. First I apologized and then told her that my friend would take the job and asked about my paycheck. But, my former employer informed "I may not be able to pay you, since I may incur a loss." Thus, I believe the employer had no loss because I found a replacement teacher immediately, and no parents withdrew their children from the class.
I found a friend to replace me as a teacher; my friend worked once and then quit because her husband wanted them to have more time together. After my friend quit, the former employer didn't pay her either.
The pay check is not big but the former employee's attitude really hurt me. She was very rude and unprofessional communicating with me. I wrote emails to her to ask her the actual reason she was withholding my paycheck, but she never responded. Later, in person, I asked her why she didn't respond to my emails and she said that I "wasn't her priority." I told her that she must give a clear reason for withholding my paycheck according to law, and she said, "It's very simple. You broke the contract." She then said, "If you want to go the 'legal' way, I can inform my attorney." But she can see that I'm a student and don't have any money for a lawyer. I feel she is taking advantage of me, and I feel it's because she sees I'm new in this country and don't have a lot of people to help me, so she feels she can take such a rude attitude with me.
Thank you in advance for all your help!
======================
The Code of Virginia§ 40.1-29 (A)(2): "Any such employer who knowingly fails to make payment of wages in accordance with this section shall be subject to a civil penalty not to exceed $1,000 for each violation." (C) No employer shall withhold any part of the wages or salaries of any employee except for payroll, wage or withholding taxes or in accordance with law, without the written and signed authorization of the employee. An employer, upon request of his employee, shall furnish the latter a written statement of the gross wages earned by the employee during any pay period and the amount and purpose of any deductions therefrom. (D) No employer shall require any employee, except executive personnel, to sign any contract or agreement which provides for the forfeiture of the employee's wages for time worked as a condition of employment or the continuance therein, except as otherwise provided by law. (E) An employer who willfully and with intent to defraud fails or refuses to pay wages in accordance with this section is guilty of a Class 1 misdemeanor if the value of the wages earned and not paid by the employer is less than $10,000 [...]
See: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+40.1-29
