Legal Question in Employment Law in New Jersey
Hi,
My wife worked at a salon where the employer pays only cash and kept her one week salary from day one.
My wife wanted to quit and give the salon owner 2 weeks notice because the salon owner constantly verbally abuses and insults her employees.
The salon owner refused saying my wife must work pass the summer (when it gets busy) but even then insists that she will keep my wife's one week salary as 'on the job training'.
My wife of course refused that and then the owner threw all her tools out onto the sidewalk (hair stylists buy and use their own tools at the shop).
My wife called the police and they came and the salon owner said she paid all of my wife's salary and the last week's salary (withheld) was used for paying taxes. But the salon owner b*tch never asked for my wife's SSN#!
Can we sue her for anything?
1 Answer from Attorneys
An employer does not have the authority to withhold earned salary. You may wish to file a Wage and Hour complaint with the NJ Dept. of Labor.
The general rule of employment is, at-will, and an at will employee may quit at any time without any notice.
An employer cannot force someone to continue working. The 13th Amendment of the U.S. Constitution prohibits involuntary servitude.
She has a claim for the damage caused to the tools. As to other issues, please feel free to contact me ASAP so that we may, for a fee, explore your options and protect your legal rights. 973-921-0600.
Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.
IRS CIRCULAR 230 DISCLOSURE: As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that written advice contained herein (if any) was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code.
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