Legal Question in Employment Law in New Jersey

Laid off with Unpaid Wages, still not fully paid after almost 2 yrs.

I worked as an Architectural Project Manager for 4+ yrs, before getting laid off on 09/06/09 due to company's financial trouble as a result of lack of work. At that time, the company had not paid me (and other workers still employed) all the wages up to 09/05/09. Since then, as a result of my multiple requests, they made some intermittent and irregular payments from November 2009 to September 2010. The last check I received was dated 09/21/10 (for week ending 07/31/09), and they still owe me 5 weeks of unpaid wages ($6,994.25 net). Please note that, all this income has been reported and taxed, but I never got paid! Also, I never received the paystubs either, for the unpaid weeks.

Up to the time of my unemployment, others were also laid-off, but I was the only person with unpaid wages at the time of lay-off. During this 2-yr period, the company has been making paychecks to its current employees, even though not regularly, but no one was/is as behind as me! It was one thing when everyone was behind, but now, some are getting paid and some are not...!

I was reluctant to report this to DOL or pursue a legal action, as I was worried about getting a "bad reference" from this company in my ongoing job search. But now, almost after 2 years, I've lost all my hope. I would appreciate some answers to my questions:

1) What happens if I complain to NJ DOL Wage and Hour Compliance division? Can they actually force the company to pay me? e.g. Collect the money on my behalf, OR freeze their bank account until they pay me?

2) What are the lagal recourses? What are my chances of winning a law suit, and/or actually getting paid? (Co. is in financial trouble). Is the suit only for the unpaid wages, or also for the pain and sufferings of two years, and/or the legal fees?

3) Is a law suit worth it? First, paying money and time in the proceedings. Second, carrying this w/ me that I sued my employer (bad for future job-search).

Thanks so much.


Asked on 6/22/11, 1:03 pm

1 Answer from Attorneys
Barry Gartenberg Barry F. Gartenberg LLC

You questions are all excellent questions, but far to broad to answer fully in a brief email exchange. However, here are some short answers:

1. Yes, DOL can actually recover wages for employees.

2. You can file a civil suit. I'd need much more information to assess chances or winning. Also, winning is one thing; collecting is another. If the company is defunct or disappears, you may be unable to collect. "Pain and suffering" damages are typically not available in such suits.

3. Whether it's "worth it" in time, money and energy is your call, but we'd need to discuss the matter in greater detail. I anticipate less problems as to future employment.

Please feel free to contact me ASAP so that we may 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.

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Answered on 6/22/11, 1:27 pm


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