Legal Question in Employment Law in Virginia
Non payment of wages on account of 80% share
I worked as an IT consultant with--name removed--VA based company. I had an agreement to share the revenues in the ratio of 80:20 ( 80% of revenue to be paid to me as wages subject to minimum 50k as per LCA and 20% to be retained by company). The company owes me USD20512 on account of wages for my part of 80% share. It didn't even pay me the minimum payable wages for around 30 days , what to talk about my 80% pending with them since an year . Which category of law does this come under? Can I still file--name removed--complaint with Wage and hour divison after one year has elapsed . Please guide me with names of attorneys who may be willing to fight my case based on share of my winnings ?
2 Answers from Attorneys
Re: Non payment of wages on account of 80% share
Yes, if you were actually an employee of this company, you could file a complaint with the Virginia Department of Labor and Industry(VDLI), and the Wage and Hour section of the Division of Labor and Employment and request an investigation. And then, if no satisfactory settlement can be reached, you could sue the company in circuit court for your back wages exceeding $20K.
It should be noted, however, that your description of your relationship with this particular company sounds more like that of an independent contractor rather than that of an employee.
Re: Non payment of wages on account of 80% share
It is unfare on part of attorney to work on commission basis.The Fee charged by an advocate is merely to contest the case on behalf of either party and that does not give any guarantee to win the case.However,you may file suit for recovery of your unpaid dues.
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