Legal Question in Workers Comp in Virginia

Benefits withholding on final paycheck

Twenty colleagues and I were all working as contractors for a company holding a contract with the DoD that ended on August 31. All of us were seamlessly transitioned to the competing company that took over the contract September 1st. On our last paycheck (which amounted to 4 days work--Aug 28-31) a full two-week paychecks worth of benefit deductions were taken out even though we were only being paid and covered for 4 days. The HR department says that this is always ''how it is done''. This is costing all of us several hundred dollars and we were promised by our Project Lead (who is an employee of our original company)that we would only pay for 4 days or one week's worth of benefits.

Who should I believe and where might I find a source that can clear this up?


Asked on 9/28/06, 3:10 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Benefits withholding on final paycheck

Each of you may sue in Virginia small claims court

the company which you believe may owe you money.

The cost to file your case is less than $40 and no attorneys are allowed(to represent clients).

By merely filing your case and having papers served upon the former employer, you may succeeed in getting what's owed you. This might well be easier than attempting to probe the layers of compensation bureaucracy in a forlorn hope to ferret out an answer(which may well have multiple interpretations) to your original inquiry.

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Answered on 9/30/06, 2:27 pm


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