Legal Question in Employment Law in Virginia

In 2007 I was employed by Capital One as a customer service agent on the phone at one of their Richmond Virginia call centers. I was entry level but still made pretty good money and received benefits after 60 days. In total my employment lasted about 5 months due to how my payroll was handled. I was the only trainee in my class not to receive my first paycheck on time. Being that I was paid bi-weekly I did not get my first check for about 1 month and a few days. Every successive check after the first was never received on time, they were always late or had other problems with them. I was on the phone with the payroll department about 5 or 6 times per week trying to get the problem resolved, I had several tickets made but no one ever resolved the problem. I asked every manager in my building to help me out and none of them could provide me with any answers either. At the time I was living by myself in a apartment had every bill to take care of. As the situation dragged on I got really behind on all my bills and got evicted from my apartment, couldn't pay car insurance, or my credit card off. To make things worse some of the last paychecks I received were for dates that I had already been paid for or dates that had not happened yet. These were the checks that I was sent via UPS (which i had to go get from the depot every time because I was always at work when they were delivered.) to make up for the checks I was already supposed to have. One of the checks bounced in my bank account causing lots of overdraft fees, the one they sent me next I had to have cashed at a check cashing convenience store and that check either bounced or something similar because now they are taking me to court for the amount of the check plus interest. Also I am still in collections for a lot of the bills I was not able to pay because I never received my paychecks on time. What kind of advice would you give me for this kind of situation?


Asked on 9/02/11, 8:57 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

If you have not yet been paid for any of the hours that you worked and for

which you were entitled to be compensated, you could sue this

former employer in small claims court for these unpaid wages.

However, for anything else that you might be contemplating a lawsuit against Capital One, my advice would be to forget it based upon the facts which you've

outlined in your question.

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Answered on 9/02/11, 9:25 am


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