Legal Question in Employment Law in New Jersey
Unpaid wage
I have worked for a NJ wedding photo/video studio as freelance videographer for the last three months and they have not paid me yet. Their excuses were a messy payroll system and temporary cash flow problems, etc. The owner emailed me that he would pay me.
But I found out that he habitually abused most of the freelance photographers/videographers. Some gave up and quit. Some continued hoping to get paid someday. Some took him to the court and he finally paid.
I do not have any written contract. But I am keeping all the work orders and my invoices. I have delivered all the videotapes except for the last two. The unpaid and total amount is $5731.11.
My questions are:
1) Which authorities can I turn to?
2) If I take a legal action, what will the legal cost and can I get reimbursed for it form the owner if I win? And where can I find a lawyer?
3) Is it legal to hold the last two videotapes hostage?
1 Answer from Attorneys
Re: Unpaid wage
Your options depend somewhat on what the basis of your compensation was to be. Your question characterizes it as "wages" but it is unclear whether you are an employee or an independent contractor. Either way, you have a case. The details will differ.
Don't be concerned about a written contract. If you have written orders and a promise to pay, that should be enough. You can't do better than that now anyway.
It's your choice as to whether to continue work for the same company but I would advise you against if for business reasons. Working and not getting paid is not helpful to you.
As for the existing videos, if you were my client, I would probably advise you to hold them until you are paid in full. If the company thinks that you don't have a right to do that, they can take you to court and explain why. The equities are on your side.
My firm handles matters of this type, however it may be easier for you to work with a lawyer whose office is closer to you.
See also: http://info.corbettlaw.net/lawguru.htm
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