You may be wondering if filing an unpaid wage claim in Virginia is worth it. You may think its easier to just let it go and move on with your life. On the contrary, in most cases, it is well worth the effort to file a claim.
Previous Laws
Previously, you could only file a complaint with the Commissioner of the Department of Labor and Industry for unpaid wages. After filing a complaint, it would be up to the Commissioner to decide whether to go after your employer for the unpaid wages. Likewise, you could only take your employer to court over unpaid wages under a federal law like the Fair Labor Standards Act. However, many employees are exempt from the FLSA.
Updated Laws
This law was updated in 2020 and it gives you a private right of action. You can sue your employer on your own, without depending on the Commissioner to act on your behalf. Now, you can go directly to court and file a lawsuit against your employer over unpaid wages. However, you must file a lawsuit within three years of the date your employer fails to pay you. Additionally, the amount of damages you can recover also increased with this update.
Recovering Damages
What damages can I get in an unpaid wages case? This will depend on whether your employer acted “knowingly.” This means that he/she:
- Knew he/she was violating the law;
- Deliberately ignored the law; OR
- Recklessly disregarded the law.
If the employer was unknowing, you may be able to recover two times the amount of unpaid wages plus 8% interest as well as reasonable attorney’s fees and costs.
If the employer knowingly failed to compensate you, you can recover three times the amount of unpaid wages, in addition to attorney’s fees and costs.
Do I Need an Employment Lawyer?
If you are considering filing an unpaid wages claim in Virginia, it is a good idea to consult an employment attorney. An experienced, knowledgeable attorney can help you determine whether your employer is covered by the new laws and ensure that you meet legal requirements.
Additionally, an attorney can draft and file your complaint and make sure that you comply with filing deadlines and procedures. This also protects you if your employer decides to retaliate against you. What’s more, under the new law, you can seek reimbursement of attorney’s fees and costs through the court.
Is Filing an Unpaid Wages Claim in Virginia Worth It?
Yes. Generally speaking, any amount over $1,000 is well worth the effort to file a claim. Since your attorney’s fees are covered and not taken out of this amount, you stand to recover your unpaid wages plus damages. To speak to an attorney about your case, please contact Cook, Craig and Francuzenko today.
