Legal Question in Employment Law in Virginia

Just unethical or illegal payment method?

I worked as an hourly employee for my VA employer for many years doing transcription work in their office. Recently they allowed us to work from home. However now they have changed how we are paid. Instead of hourly, we are paid by the amount of characters we input into their database. Unfortunately before they add up our totals before paying us, much editing is done and a portion of the work we produce every week is overwritten or deleted or credited to other hourly employees in their office who do editing. Also I never receive any documentation with my paycheck as to how many characters I produced so I never know if their computations are accurate. I have protested both of these practices but they refuse to change their methods. They tell me I am only losing a minimum amount of money per week. I have documentation to prove otherwise. Can you tell me if this is legal for them to do and what (if any) possible recourse do I have? I feel I am owed for a lot of work I produced and never got paid for. Thanks for your help.


Asked on 2/12/08, 11:36 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Just unethical or illegal payment method?

If you have such credible documentation, you may wish to consider filing a complaint with the Wage and Hour Section of the Division of Labor and Employment of the Virginia Department of Labor and Industry.(You should bear in mind, however, that if you're working without the protection of a contract,

your employer can terminate you at any time for almost any reason that doesn't violate federal antidiscrimination laws.)

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Answered on 2/13/08, 6:20 am


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