Legal Question in Employment Law in New Jersey
I came to work on time but for some reason my boss docked my pay an hour. Supposedly I am a salaried employee also. I told my boss that he was incorrect in his assumption that I came to work late, and he said that he will not correct the time sheet. I have other employees who saw me there on time but my boss insists that he is correct and refuses to pay me. I must say that this is also not the first time he has done this but this is the most blatant. What are my options?
1 Answer from Attorneys
First I would make sure to get and maintain as much evidence of the actual event as possible. See if you can get the other employees to write and sign that they saw you come into work on time. Additionally see if there is another way to prove that you actually did arrive at work on time (security cameras, parking receipts, etc.).
Once you have as much evidence that you actually did show up on time, talk to your Human Resources representative or if you don't have one, your boss's supervisor. Mention that this has happened before and show them as much evidence as you have. Also explain that you attempted to talk to your boss about it (with documentation of when you did).
While there is no guarantee that this will get corrected right away, by informing someone else, you can start building a pattern that should make it easier to show that your boss has something against you.
Even though you always have the option of legal action, generally the law requires that you exhaust all your options within your workplace for resolution before you can get a legal award. Also given the cost of obtaining a lawyer, it may not make sense if you were only docked one hour of work.