Legal Question in Civil Rights Law in New York

Ex-employer withholding wages and fringe benefits

I worked for a small business based out of Newark New Jersey. I quit my job on Saturday, January 12, 2008 via email. My employment there was at will. I worked in both our New York store as well as our New Jersey location(inwhich they reimbursed me my gas and tolls for this journey from Long Island to New Jersey). It is now Friday, January 18, 2008 and a ex-coworker of mine told me that my previous employer instructed her not to give me my pay check when it arrives. I know for witheld wages you have to go throught the labor dept. I have spoken to them and they will be sending me forms for both my withheld wages and fringe benefits owed to me; but I want to know if there is anything else I can do to expedite the matter. Also, if the labor department cannot help me receive monies owed to me, I want to know what other outlets I can take to get my money. I appreciate any help you can give me in this matter.


Asked on 1/18/08, 12:49 am

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Ex-employer withholding wages and fringe benefits

The state labor department is your best bet. You former employer is committing a crime. An attorney could write a letter to the extent that you demand your pay and that his failure to provide it to you is a crime. Failure to make the payment promptly will force you to report the employer to the State Labor Dept. and you will take all further legal action that you can to recover your wages. Of course you could also do that yourself and save the cost of an attorney. I would send it certified and I would include a Self Addressed Stamped Envelope for him to send your check back to you.

You could also sue him in small claims court.

In reality, both of these ideas are more just to occupy yourself. A state labor board inquiry should be more than is necessary to have him turn over what is due you.

Good luck.

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Answered on 1/18/08, 6:59 am


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