Legal Question in Employment Law in Virginia

I'm a medical sales rep for an international company. I was scheduled to be paid by direct deposit today (Sept 7). Yesterday, at 8pm a notice was sent out that the compensation department didn't finish the paperwork and we were not going to be paid. Further info to follow. Today I received am email stating they need more time to calculate everyone's pay so we will be paid in 2 weeks. Our pay schedule is in writing.

I have payments set up to automatically be withdrawn from my checking account each payday. Since I didn't get paid and was notified that I would not be paid after business hours yesterday (8pm) i was not able to stop the payments. My checking account is overdrawn and I have about $200 of over draft fees. Can I hold my company responsible for the overdraft fees?

I use my paycheck to pay for childcare while I work (I travel overnights). I will not be able to pay for childcare until I get paid again (next scheduled payment) in 2 weeks. This means that I can only work during school hours and will loss income through lost sales.

What are my rights? I'm in good standing with my company, ranked # 2 nationally. It is the entire U.S. salesforce who didn't get paid today (about 2000 people) so It's not me being singled out- just a very poorly run company.

Thanks in advance for any direction that you can provide.


Asked on 9/07/12, 11:02 am

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

Unless you are working pursuant to an enforceable contract

of employment which specifically makes your employer liable for these

kinds of "glitches" or lapses in the manner in which you're paid,

I would gave to answer, no, you cannot hold your company

responsible for the overdraft fees which you've described.

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Answered on 9/08/12, 2:19 pm


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