Understandably so, you may heavily rely on your paycheck to pay for your mortgage/rent, utilities, gas, food, and other living expenses. So it is unacceptable when you go weeks or even months without receiving the wages that you rightfully earned. Follow along to find out what you should do if your employer does not pay your promised wages and how a proficient Gloucester County wage and hour lawyer at The Vigilante Law Firm, P.C. can stand by your side throughout.
What are my rights to my agreed-upon wages?
Primarily, there is the Fair Labor Standards Act (FLSA). This Act may focus on minimum wage standards and overtime compensation, but it also establishes agreed-upon wage standards for employees throughout the United States. Of note, the FLSA may protect you regardless of whether you are a part-time or full-time employee, an hourly-based or salary-based employee, etc.
The FLSA essentially holds that you have the right to get paid the rate at which you were promised by your employer. Though, there may be exceptions if your employer gave you advanced notice of any cutbacks, demotions, etc. What’s more, you have the right to get compensated for all the hours you worked and all the tips you earned, even during the hours you spent in on-the-job training.
As a simple conclusion, your employer may be in direct violation of federal law if they withhold your wages in any way.
What should I do if my employer does not pay my promised wages?
Before all else, you must refer back to the employment contract you signed when you first started working for your employer. Here, you may find the exact dollar amount of wages you were promised. And once you confirm that you have unpaid wages, then you may proceed forward with a claim.
For your claim, you must collect enough proof that points to the fact that you are missing wages. Such proof may include your employment contract, your most recent bank statements, your most recent pay stubs, your W-2 forms, any “bounced” paychecks, etc. And with a successful claim, you may be entitled to recover the following:
- Back wages that are meant to compensate for, at most, two years of unpaid wages.
- Liquidated damages that are meant to total, at most, three times the amount you receive in back wages.
- Punitive damages that are meant to discourage your employer from participating in similar misconduct again.
- Reasonable compensation for your attorney fees, filing fees, court costs, etc.
As you may likely conclude yourself, you may have an important case on your hands that calls for immediate action. So you should not hesitate in reaching out to one of the talented New Jersey employment lawyers at The Vigilante Law Firm, P.C.
