Legal Question in Criminal Law in Virginia

I was working at an automobile repair facility in Virginia Beach,Va. On September 18 I took some used automobile parts from beside the dumpster. The parts were aluminum from customers cars that had been taken off because of wear and tear so the customers needed to replace the parts with new ones. I took these parts to a recycling center and recieved $17.35. When I returned to work the same day my supervisor asked me why I took them and I told him I needed to put gas in my car and told him how much I had gotten for the parts and that I had gotten a reciept to prove it. The following Monday I found out that my son and I were moving over seas to be with my wife in the military so I gave my boss 1 week notice. So I worked the rest of the week and when Friday September 25 came when it was time to recieve my pay check I was told by my boss I wasn't getting a check he was keeping it because I took the scrap metal. Well then he changed his story and said I had to wait till the following Friday (today 10-2-09) to get my pay check after an exit interview since it was my last check, but in fact our work week is Friday to Thursday. So I was supposed to get another 1 day check for that last Friday. I actually went back to the job on Monday 09-21-09 and spoke with my boss and told him I didn't believe it was legal what he was doing. And that him paying me off the books for after hours towing of cars I was getting would not look good on him if I contacted the labor board about him holding my check. He in turn responded that he can legally hold my check for 30 days. So I went back to the job today with the reciept from the recylcing center as proof of just how much I had gotten so he could deduct it out of my check. So now since he's extremely mad that I'm not taking it lightly the fact that he is holding my last 2 paychecks he tryed to get me arrested for taking the scrap metal but I had already left the property after waiting an hour for my so called exit interview. Since two weeks have pasted, and 1 week of me actually working for him how can he now because he is mad because I told him I can report what he's doing to the labor board try to get me arrested? Is that even legal? I mean I told him about the scrap metal two weeks ago and that he could take it out of my check the $17.35. So now because he's mad he can change his mind? I mean since he didn't fire me after the fact and let me work another week didn't that mean he accepted it? Please help me somebody.


Asked on 10/02/09, 9:26 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Sue the SOB in your local small claims court for whatever amount you believe you're owed + costs.

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Answered on 10/07/09, 10:23 pm


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