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

If your employer withholds your final wages, you have certain rights according to West Virginia employment law. First, employers are legally obligated to pay any wages from your last paycheck on your last day of employment, unless you have agreed to be paid at a later date. You have the right to demand payment of any wages or salary owed to you by your former employer. You can do this by sending a written demand letter to your former employer with all relevant details, including date of employment, amount owed, and any relevant documents. If your employer still refuses to pay the wages owed to you, you can file a claim with the West Virginia Division of Labor or a Complaint for Wage Payment in your County Circuit Court. You can also reach out to the West Virginia Human Rights Commission to file a complaint against your former employer for wage withholding. If the court finds that your former employer has withheld wages from you, the court may order your former employer to pay the wages you are owed. In addition, the court may order your former employer to pay you interest and damages or other penalties. It is important to know that, in West Virginia, you are also protected from employer retaliation for filing a wage claim. Your employer cannot fire or discipline you for filing a claim against them for failure to pay wages in a timely manner.

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

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