How Do I File a Complaint for Wage Theft or Unpaid Overtime in Virginia?

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Few things are worse than working for a paycheck, only to realize your employer isn’t paying your fair share. If you believe your employer has engaged in wage theft or has failed to give you the appropriate overtime pay, you should read on and strongly consider speaking with a dedicated Chesterfield County wage & hour law attorney from Passero Employment Law. Here are some of the questions you may have:

What should I do if I believe I’m a victim of wage theft or unpaid overtime?

If you think your employer has been purposefully withholding your rightful pay, the first thing you should do is gather all relevant documentation, including pay stubs, time sheets, and other records that can prove the hours you’ve worked and the wages you’ve been paid. Go over these documents a few times yourself (or even speak with your spouse about it to make sure they’re seeing what you’re seeing as well).

Once you confirm that you have, in fact, been denied your rightful pay, you should consider speaking with your employer to resolve the issue informally instead of lawyering up immediately. After all, it may have been an honest mistake on your employer’s part, and you don’t want to make things more difficult or hostile than they have to be. Simply show your employer or your human resources department proof of hours worked, as well as the amount of pay you received. That said, if you do this and the issue is still not resolved, you should consider speaking with an attorney who can help you file a claim against the employer

How do I file a claim with the Virginia Department of Labor and Industry?

To file a claim with the Department of Labor and Industry, you typically must first complete a wage claim form. Your lawyer can ensure you fill out the form accurately and in its entirety. From here, a lawyer can help you file your claim, and the Department of Labor and Industry will review it. If your claim is valid, the Department of Labor and Industry should order your employer to pay you the wages you’re owed, and, in some cases, may even order penalties or fines against your employer.

Keep in mind that your employer is prohibited, under state and federal law, from retaliating against you for this. If he or she does retaliate against you, our firm can help you pursue a retaliation claim on your behalf as well.

Filing a claim for wage theft or unpaid overtime can be a complex process, but with the right attorney in your corner, you can have peace of mind. If you believe you may have a valid wage and hour claim, simply contact Passero Employment Law today so we can review your case.

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