Legal Question in Employment Law in Virginia

Final paycheck withholding

Recently i quit my job as manager for a shoe store located in Virginia. As part of what i did while i worked for the shoe store I created advertisements, few were used many were not. Many of these Ads were created on my own time, on my home PC, however all were created be me, using a logo for the company which i created. When I left the company I copied many of these files to my Laptop for use in creation of a portfolio. However by accident i deleted a few of these images from my PC. Now my former employer is holding my final check till the items are returned claiming they are stolen property. My understanding is that these digital images would fall under intellectual property laws and as long as he had a way to access these images, calling the newspaper we advertised with and obtaining a copy, they could not technically be stolen. Also another thing that may need considered is the fact that I was never given a job description when i took the job as manager. So i guess the question is does he truly have the right to hold my final check till these are returned?


Asked on 6/20/07, 7:25 pm

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

Re: Final paycheck withholding

Probably not, and, therefore, if the shoe store man continues to refuse to release your final check, you should be prepared to sue him in small claims court.

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Answered on 6/20/07, 10:52 pm


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