My employer did not deposit several paychecks for 2019?
When I was going through my pay-slips and back statements for 2019, I realized that my employer generated pay-slips but did not deposit those.
This happened for 7 pay-slips in 2019, I get paid biweekly and employer generates pay-slip and deposits check in my account.
What are my options? How can I pursue them to pay me those missing paychecks? I have copies of pay-slips for those periods and my bank account statements.
2 attorney answers
You should first try to resolve it internally. Do everything in writing. Send them your info in an email and ask that they provide you with payment on those seven checks ASAP. Also, consider mentioning that their actions are in violation of the NJ Wage Theft Act. If they do not provide you with a positive response, then you should consider filing a wage claim with the NJ department of labor - https://www.nj.gov/labor/wagehour/complnt/filing_wage_claim.html
Call an experienced employment law attorney if this is too complicated for you or if you want someone to guide you through this process.
Fred Shahrooz Scampato, Esquire
Law Office of Fred Shahrooz-Scampato, PC, (908) 301-9095. We are dedicated to representing employees in New Jersey administrative, state and federal courts. Answers by Fred Shahrooz Scampato, Esquire, of the Law Office of Fred Shahrooz Scampato, PC, provided in the Avvo website are for general information purposes only. The materials are current only as of the indicated date and must not be regarded as legal advice, solicitation or advertisement. The information provided on this site does not, nor is it intended to, constitute legal advice and is not provided in the course of an attorney-client relationship, nor are they intended as a substitute for obtaining specific legal advice from qualified legal counsel. Transmission of information from this site is not intended to create, and receipt shall not constitute, an attorney-client relationship. Any prior results that are described on our site do not guarantee a similar outcome. Online readers should not act upon this information without seeking professional advice regarding the particular facts and circumstances of each matter.
Those wages are due to you pursuant to both State and federal law, in particular, N.J. Wage Payment Law and federal Fair Labor Standards Act. I am not sure if you are still employed with the company. If so, you should advise them immediately; it may be a simple banking/clerical snafu with their direct deposit system or a change in their bank account or payroll serivce and may be able to be resolved that way. If not, you can initiate a wage claim before N.J. Department of Labor or file a lawsuit. In any event, it is unlawful not to pay an employee for his/her services. Unless you are still employed and can resolve this with your employer's H.R. or Payroll Dep't, you should probably speak with an attorney before filing a formal complaint.