When can I expect my final paycheck if I was fired?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Home » Ask a Lawyer » When can I expect my final paycheck if I was fired?

When can I expect my final paycheck if I was fired?

I was working for a company for 3 days and then they told me it was not working out. They get paid today, do I have to wait until next week to get paid if I was let go 2 days ago? In VA.

Asked on November 4, 2011 under Employment Labor Law, Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If an employee has been fired, an employer must issue a final paycheck on or before the next regularly scheduled pay date. Additionally, an employer can only make deductions from an employee’s final paycheck that are required under federal or state law or deductions that the employee has specifically authorized in writing. There are no circumstances under which an employer can totally withhold a final paycheck. Further, employers are required to issue a final paycheck containing compensation for all earned, unpaid wages. If an employee is unable to obtain their final paycheck, they can contact the VA Department of Labor and Industry (Labor and Employment Law Division) in order to file a payment of wage claim against their former employer. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Related Articles

Does an alleged common lawhusband have more rights regarding guardianship over their “spouse”, than the person’s adult child?
Do I have the right to work with a client if this client initiated the contact and is planning on ceasing business with ex-employer?
If I was in a wreck and injured my back but did not file a claim or get medical attention at the time,can I still get medical attention and file a claim 1 year later?
What can I do if my former employer is trying to make me unemployable by telling those who inquire that I was suspected of stealing but later cleared?

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption