Labor & Employment Law
Questions to Answer Before Completing the Claim for Unpaid Wages Form

Please read the following questions carefully before completing the form.

This Department assists in the collection of unpaid wages, but can only collect wages for time worked; we do not collect fringe benefits. A completed payment of wage form is required to initiate an investigation. PLEASE DO NOT SUBMIT A PAYMENT OF WAGE CLAIM REGARDING THE FOLLOWING ISSUES:

1. Are you claiming VACATION PAY, SICK PAY, SEVERANCE PAY, HOLIDAY PAY, OTHER FRINGE BENEFITS, OR BUSINESS EXPENSES that you believe are owed to you? While you may be legally entitled to such claims under contract law, this Department does not accept these types of claims for investigation. To recover on these claims you should ask the Clerk of the General District Court to help you file a Warrant In Debt against your employer. You may wish to consult a private attorney to discuss your claim.
   
2. Is this a WORKERS' COMPENSATION issue? We do not have jurisdiction over these matters: please contact the Virginia Workers' Compensation Commission, 1000 DMV Drive, Richmond, Virginia, 23220, phone (804) 367-8600.
   
3. Are you an INDEPENDENT CONTRACTOR rather than an employee? Whether you are legally an independent contractor is not determined by any documents that may have been signed, but by standards promulgated by the IRS. This Department has the authority to assist only employees; we do not have jurisdiction over independent contractors. Independent contractors should file in court. You may wish to consult a private attorney to discuss your claim.
   
4. Are you EMPLOYED BY AN INDIVIDUAL AS A DOMESTIC WORKER, SUCH AS A BABY-SITTER, MAID OR GROUNDSKEEPER? We do not have jurisdiction over these matters: you must file in court. You may wish to consult a private attorney to discuss your claim.
   
5. Is this complaint for OVERTIME pay? Virginia law does not provide for time-and-a-half overtime: please contact the U.S. Department of Labor, Wage and Hour Division, 400 North 8th Street, Richmond, Virginia, 23240, phone (804) 771-2995. (USDOL)
   
6. Is this claim for money owed by a BANKRUPT EMPLOYER? We do not have jurisdiction over these matters; please contact the United States Bankruptcy Court. Click here for the Eastern District of Virginia, or click here for the Western District.
   
7. Was all of the WORK PERFORMED OUTSIDE VIRGINIA? We do not have jurisdiction over these matters; your claim should be filed in the state in which the work was performed.
   
8. Is this a claim for a BONUS? You are legally owed bonuses only if prior to performing the work, you were promised the compensation in return for the work. You are not legally owed bonuses given at the discretion of the employer after the work has been performed.
   
9. Is there a COURT CASE PENDING? The Department does not accept claims when a case has already been filed in court.
10. Did you work under a written employment agreement? If so, your recourse is through the appropriate court as the Department does not accept claims for investigation when a written employment agreement was entered into by the parties. You may wish to consult a private attorney to discuss your claim.
11. Were you an Officer, Director, of Partner in the business? If so your recourse would be through the courts. 
12. Is your claim for $15,000.00 or greater? The Department does not investigate wage claims that are $15,000.00 or above.  You may wish to consult a private attorney to discuss your claim.