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[aethelbert35]

Long story short, my former boss told me that she would be withholding my last paycheck until I returned some t-shirts given TO ME by sales reps from various food companies.

Before taking the time out of my life to file a wages complaint against her, I was wondering if it would be okay to show her the law that states that she is breaking the law by withholding my pay (Virginia Code § 40.1-29).

However, I am somewhat hesitant to inform her because Im afraid that she will make up some bogus crap saying that I am trying to intimidate or threaten her...

I have not made a formal complaint to the Virginia Dept of Labor, so I'm not sure if her making such a claim would be considered retaliation and whether or not I am protected from such.

The t-shirts were never part of her property, despite what she claims. I specifically asked for t-shirts directly from the reps, and was subsequently given them directly. I've already turned in the 2 t-shirts with her company logo on them that she gave me. I'm sure the only reason she asked for the other t-shirts back was because I was wearing one at the time I turned in HER shirts. I know the shirt issue is stupid, but I just want my damn paycheck and have no intention of returning anything to her that is not rightfully hers.

Please, no snotty or unhelpful responses...

[wahchintonka48]

It's not retaliation to file a claim with the department of labor. I would do so ASAP. It's up to her to prove that the shirts are company property and need to be returned. Either way, it's unlawful for her to hold up your check for any reason. You have the right code already. I'd go after her for the 8% interest that's now owed to you for their failure to get the check to you on time, under the terms of the law.

[adalwine]

kbk823 had a great answer.

Go after her for the interest. Asking for money rightfully owed you is not threatening or intimidating her. She is breaking the law. How else are you supposed to get that cash back?

[darik2]

I would take each shirt, scrub my toilet and then give them back to her dirty. Just put them in a bag, she won't realize until after you've gotten your check and left.