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Virginia sets its own deadline, its own penalty, and its own rule on unused vacation. Here is what the statute says, what it is worth to you, and where to file if the money never arrives.
On termination of employment the employee must be paid all wages due for work performed, on or before the date the employee would have been paid had employment continued (Va. Code § 40.1-29).
Resignation follows the same rule: wages for work performed are due on or before the date you would have been paid had you stayed.
Virginia treats earned vacation as wages when the employer's policy creates the right; without a written forfeiture policy the balance is treated as payable at separation.
Commissions earned under the employment agreement are wages under § 40.1-29; the written plan controls when a commission is earned.
Virginia does not add a liquidated-damages formula for the employee. § 40.1-29 instead provides civil penalties payable to the Commonwealth, back-wage restitution ordered by the Commissioner or a court, and the Commissioner's power to investigate and issue subpoenas.
This state does not impose a separate statutory penalty for late final pay. Treat that number as leverage in the letter, not as a promise: a court or agency decides what is actually owed, and the penalty provisions usually require the employer to have acted wilfully or without good cause.
File with the Virginia Department of Labor and Industry, which handles wage claims administratively, usually at no cost. The alternative is small claims court, where the limit for an individual in Virginia is $5,000. Both routes go better with a dated written demand and a certified-mail receipt, because the first question either forum asks is when the employer knew.
On termination of employment the employee must be paid all wages due for work performed, on or before the date the employee would have been paid had employment continued (Va. Code § 40.1-29).
Resignation follows the same rule: wages for work performed are due on or before the date you would have been paid had you stayed.
Virginia treats earned vacation as wages when the employer's policy creates the right; without a written forfeiture policy the balance is treated as payable at separation.
Two routes: file a wage claim with the Virginia Department of Labor and Industry (https://www.doli.virginia.gov/labor-law/), or sue in small claims court where an individual's claim limit is $5,000. A dated written demand sent first is what makes either route easier, because it fixes the date the employer was on notice.
Only official sources are used: the state labor agency, the statute itself, and where relevant the U.S. Department of Labor. Third-party summary sites are deliberately excluded because they disagree with each other on penalty formulas.
Reviewed 2026-11-03 · reviewed again every 90 days.
being fired · resigning · a layoff · unused PTO · unpaid commissions