Late Paychecks

• Employers must provide their new employees with written notification of their paycheck practices including the exact paydays, hour of pay, place of pay and must post any fringe benefit policies regarding sick, holiday and vacation pay. Employees must provide written notification of any subsequent changes. Additionally, West Virginia employers have legal duties to furnish their employees with itemized deductions with each paycheck. West Virginia magistrate courts have jurisdiction to preside over late paycheck complaints and may order employers to pay their employees liquidated damage penalties when their paychecks are over five days late. Liquidated damage provisions allow a claimant to collect three times the amount of wages that his employer owes him.
  
  

Last Paychecks

• The state has strict last paycheck laws and mandates employers to provide their employees' last paychecks upon termination within specified times. For terminated employees, employers must pay them within 72 hours. Employees who voluntarily terminate employment after providing at least two weeks' notice have a legal right to receive their last paychecks by their last day of employment. Those who quit without notice must receive their last paychecks by the next established payday. Employees can sue their employers for violating the last paycheck rules. The West Virginia Wage Payment & Collection Act allows employees to collect liquidated damages after filing complaints in magistrate courts.
  
  

Fringe Benefits

• Although employers are not required to pay their employees for vacation and sick pay without a contractual agreement to do so, they may voluntarily enact personnel policies providing those benefits. Employers may have legal duties to pay their employees accrued and unused vacation and sick day payouts with their last paychecks. The West Virginia Wage & Hour Division can help employees investigate their rights to receive payment of fringe benefits.
  
  

Payroll Discrepancy Remedies

• Employers do not have any legal right to withhold their employees' paychecks to cover uniforms, keys, cash drawer shortages or equipment charges. Employers cannot withhold their employees last paychecks and must pay their employees for all time worked at least once every two weeks. Employees have rights to file complaints with the West Virginia Wage & Hour Division by completing a "Request for Assistance" form.
  
  

Considerations

• Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.