Legal Question in Employment Law in Virginia

I was recently suspended for a week without pay for not showing up on time. I have not received my weekly paycheck in 6 weeks. I am also a rehire employee that received an arbitration ruling prior to accepting the rehire position. The arbitration ruling found in my favor $64,000 for unpaid commissions that are owed to me per my employment agreement. I am concerned about not getting paid if the employer pursues bankruptcy. What recourses should I take to collect and protect what he owes me?


Asked on 1/07/10, 1:56 pm

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

If more than six months has already passed since the arbitration ruling and

you still have not been paid the $64K and now additional weeks of unpaid

commissions have accrued under your position as a rehiree, apparently,

amidst rumors of a company bankruptcy, it is unlikely that you will

ever see any of this money and that you will continue your employment

with this outfit on what might be termed a "pro bono" basis.

Your only realistic recourse (in my opinion) for this situation, is to remove your rose colored glasses, so to speak, and file suit immediately in your local circuit court for all the money that is owed you, and then when you're terminated, file for unemployment compensation while you seek other work.

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Answered on 1/12/10, 2:30 pm


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