What are my rights if my employer withholds my final wages?

If your employer is withholding your final wages in Virginia, you have rights and options. First, your employer must provide your wages in a timely manner and withholdings cannot exceed what is legally allowed. If they are withholding more than what’s allowed, they may be in violation of the state wage law. You may file a claim with the Virginia Department of Labor and Industry. This will start an investigation by the department to determine if your employer is legally allowed to withhold your wages. You will need to provide details and documentation about your wages and the withholding. If the Department of Labor and Industry determines that your wages have been unlawfully withheld, you may be entitled to recover your wages and reimbursement for any attorney or court fees. If the Department of Labor and Industry is unable to resolve the matter, you may file a lawsuit in circuit court. You should consult with a lawyer for further information about your rights when filing a lawsuit. You may also file a claim with the Wage and Hour Division of the United States Department of Labor, which also enforces federal wage laws. Your employer may be subject to fines or other penalties if a claim is successful. No matter which claim you file, you should keep detailed records of your employment and the wages owed. You should also keep copies of any documents concerning the withholding of your wages and any communications from your employer regarding this matter.

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What are my rights if my employer withholds my final wages?

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