Termination: Final Paycheck

[iqaisar]

On January 29, 2013; I was terminated due to allegations of theft without prosecution.

Anyways, my regular pay period check was to be provided on February 7th for my preceding and final hours worked. When terminated, the Employer (General Manager) stated that my check will be mailed. I have not received my check yet, I have also called and E-Mailed for request to pick up my check but was denied stating that it will be mailed.

By Virginia Law, I under Section 40.1-29 "An employer must pay an employee who is discharged or terminated, who has quit or resigned, or who is laid off, all wage due on or before the date he would have normally been paid for the work."

Accordingly, am I able to file a wage claim and also contact the Corporate HR for receiving my check immediately? What can I do to receive my check immediately in person in order to have my funds available for rent due February 10?

 

[cbg]

In most if not all states, if they mail the check on the day it is due they are considered to be in compliance with the law. Today is Sunday, the 9th. If they mailed it on the 7th, they would be considered to be in compliance but there's no way you'd have received it yet.

Even if you filed a wage claim first thing tomorrow, you wouldn't have the money in hand that day.

I could not find anything in VA law that said they had to allow you to pick up the check in person.

 

[iqaisar]

The manager clearly stated that the check is still present in the office at 6PM Saturday 1/8 and that the General Manager would mail it once he is on shift which is going to be tomorrow.

The Manager had stated that I am not allowed on the property thats why I was asking for permission. I'm sure this is legal to say, correct?

 

[ElleMD]

Yes, it is legal and not at all uncommon to ban you from the premises. If you don't receive your paycheck, you can file a claim with the state DOL. Bear in mind that as a practical matter, if you receive the check, even if just a few days late, it is not likely anything of substance will happen with your claim. The DOL tends to be overwhelmed with claims by people who have not been paid at all and for far longer than one paycheck. I say this not to discourage you from filing, but so you havea realistic expectation when you do.