Legal Question in Employment Law in New Jersey

I live in NJ and have worked for a family that owns 2 separate businesses in the same industry for 6 years 1 is in Bergen cnty NJ and the other is in Long Island NY. When I started I was on the NJ payroll about 2 1/2 years ago they switched me to the NY payroll but I still worked out of the NJ office - I have never been to the NY office. I was recently let go (which is a story in its self ) and my unemployment claim is not being disputed ( they moved what I was doing to their NY Company) however when I went to file I first called NY and was told that unemployment is paid by the state in which you physically work no matter where the payroll comes from. I called NJ unemployment and filed a claim, it seems that although they took NY states taxes out they should have paid the unemployment to the state of NJ where I physically worked. I am eligible for the top pay (which in NJ is approx $636.00/week VS NY $450.00/week) I had a phone call from NJ unemployment and I was told that I need to keep calling in my claim but I was not going to be paid for a while (could be 6-12 weeks retroactive) The NY company needs a NJ tax Id # to have the unemployment taxes wrongly paid to NY paid to NJ- Trenton needs to send out the form, company needs to file, Trenton needs to process and issue # and notify NJ unemployment so that they can release payments. Next week when I call in the claim it will already be for a total of 5 weeks. I HAVE NO INCOME AND NEED TO PAY BILLS- I spoke with owner of company and he referred me to his payroll company who after I explained the situation and emailed the details never called or emailed me back. Do I have any recourse as shouldn't the employer and or the payroll company be aware of the laws. The payroll person Knew that I had gone from NJ payroll to their NY company payroll and my address stayed the same. Can I persue payment leagally since they are the reason I cannot get the unemployment in a reasonable time ?

Asked on 5/28/14, 8:26 pm

Robert Davies The Davies Law Firm, P.A.

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OK you are Denville, so not too far from me.

these people need to JUMP AND RUN to take care of the mess they made.

this mess is not your mess, it is their mess.

call me. you may need to threaten them, or even sue them. I am not sure, but it sounds like asking nicely did not work.

Answered on 5/29/14, 7:32 am

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