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[VA] dispute with an old employer.
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Worried-Flounder5039 is in Virginia
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Long story short, I was fired from a firm. There is a dispute on my actual termination date. My employer wants to claim that I was fired on 11/09/24. That way, he doesn’t have to pay me for Veterans Day, a holiday, and 11/12/24, which I showed up for work because he provided no notice of my termination until the 12. I have several witnesses, including other attorneys, staff, and paralegals in the firm, who can testify that my boss never notified me until the 12th of November of my termination. He didn’t even dare to tell me to my face; I had just arrived to find my office cleaned, besides my items in a box. On my desk was a letter saying thank you for your service to the firm, but we have decided to terminate your position effective 11/09/24. But then my boss signed and dated it 11/12/24. He claims I was fired on the 9, so he doesn’t owe me for the 11 or 12, but I can't entirely agree. I recognize my employment is at will, and no notice is needed regarding when they will fire you. But should the date they fire you be a different thing? I’m not an employment attorney, so I’m not familiar with that area of law.

Additionally, when I got hired, the firm offered health insurance. I filled out an enrollment form, but my employer never deducted the insurance cost from my paycheck. So, I assumed I wasn't enrolled and didn't like the medical insurance they offered, so I got my own. My employer retroactively took the money from my last paycheck after my termination. I went to look at Virginia law to see if it was legal, and I believe I found the relevant law. Code of Virginia § 40.1-29 (C). “No employer shall withhold any part of the wages or salaries of any employee except for payroll, wage or withholding taxes or by law, without the written and signed authorization of the employee.” I never gave written or signed authorization. I emailed my employer stating that I didn’t permit him to withhold any money for the medical insurance. I never received any notice that I was enrolled or used it. Thoughts?

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Posted
1 month ago