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My daughter was given a job and worked 17 days, before they…

Customer Question
My daughter was given...

My daughter was given a job and worked 17 days, before they said they had a problem with her background, but she has not been paid.

Lawyer's Assistant: Has your daughter discussed this with a manager or HR? Or with a lawyer?

With her manager and they keep saying it will come tomorrow.

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

Union. but I'm not sure her manager sent all her stuff in

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Her manager contacted her on Facebook and told her she had the job and there was no background check or drug screen which was true. When an auditor came by they walked her out, but told her she still had a job.

Submitted: 4 months ago.Category: Employment Law
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Answered in 15 minutes by:
3/16/2018
Employment Lawyer: RobertJDFL, Lawyer replied 4 months ago
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 15,221
Experience: Experienced in multiple areas of the law.
Verified

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. As state laws vary, can you tell me what state this is in?

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Customer reply replied 4 months ago
Virginia
Employment Lawyer: RobertJDFL, Lawyer replied 4 months ago

Thank you for your reply.

Your daughter has a couple of options in this situation where she has not been paid for time worked. The first would be to file a lawsuit against the employer in court. A court win doesn't guarantee payment, however, but rather a court-ordered judgment that they must pay her. It could still take additional time and money to try and collect.

What most people do --since they don't want to hire their own lawyer and pay out of pocket -- is to file a complaint for unpaid wages with the Virginia Department of Labor. Once file, the DOL will contact the employer and work on your daughter's behalf to try and collect those unpaid funds. Note that if the employer disputes the amount of wages unpaid, the DOL will look to your daughter to provide any evidence she may have supporting her claim (e.g., copies of time sheets).

Please let me know if I can clarify anything or provide any additional information. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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