Legal Question in Business Law in New Jersey
I apologize for how this sounds, I tried to express the situation to the best of my ability. If an employer were in breach of contract by reducing the base rate to pay her employees, and telling them after a paycheck was sent with the revised wage, what would you suggest the employee do? And if the employee confronted her manager about it (the manager being the one who altered the base rate without telling anyone), and then the manager gave the employee an ultimatum of either working under the reduced wage or being fired, what would you suggest the employee do as far as taking legal action or consulting the company?
2 Answers from Attorneys
An attorney will say to first contact the state labor department to inform them of the situation. This will create a record so that if you're fired by your employer for bringing it up, you can go pursue them. Ultimately, you need to also think long term. The company may keep you on for a while, then fire or lay you off for another reason (a cut back). Is this worth the effort? Consult with an attorney in your area for specifics.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
Don't agree with any reduction in rates. The employer will probably reduce the rate anyway. When that happens, you can file a complaint with the NJ Departement of Labor that you are not being paid the full amount due. If that issue is resolved in your favor, you will not only have the full wage, but you will have some protection against retaliation under the NJ CEPA. � See also: http://info.corbettlaw.net/lawguru.htm
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