If your employer fails to pay you, they may be in violation of the Virginia Wage Payment Act. If your employer in Virginia has not paid you your wages, you can file a complaint with the Virginia Department of Labor and Industry (DOLI). You can file a claim electronically or by mail. You can also file a lawsuit and be eligible for triple damages.
Collecting Unpaid Wages
There are three main ways to collect unpaid wages in Virginia. These are:
- Through the U.S. Department of Labor
- Through the Virginia Department of Labor and Industry
- Through a lawsuit in the Virginia district courts
Filing with the Government
One way to get wages paid in Virginia is to file a claim. You can do this electronically or by mail. Filing a claim with the Virginia Department of Labor and Industry is easy. Find the PDF here.
What Happens After Filing a Claim?
After you file your claim, the DOLI will decide whether to accept your complaint. If they accept it, they will begin an investigation. This means talking to you, your employer, and maybe coworkers. They look at the evidence, listen to what people say and decide if the employer owes you wages, and how much.
In some cases, there may be an administrative hearing. This can be requested by your employer. These are often held over the phone and you, and your employer can present both evidence and arguments. Your attorney can (and should) be present. After the hearing, a DOLI officer will use the hearing to decide if the employer owes you and how much.
When are Employees Paid in Virginia?
If the DOLI officer finds your employer does owe you wages, the employer has 18 days to pay you in full. If the employer doesn’t pay, the DOLI might file an order with Virginia district court to try to collect your wages.
What if the government agency is not responsive to me?
You can consult an Attorney to file an action in court. You do not have to file a government claim before filing a lawsuit in court. In a lawsuit, you can seek three times the lost wages you are owed. Wages include commissions and some bonuses.
If you choose to file a lawsuit against your employer for unpaid wages, we highly recommend having an experienced attorney help with your case.
If you are in need of an attorney’s advice, please contact Cook, Craig, and Francuzenko today. Our firm has attorneys who specialize in a variety of practice areas. With over 100 years of combined experience, we are seasoned professionals ready to help you.
