Whatis an employer’s responsibility for non-payment of wages?

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Whatis an employer’s responsibility for non-payment of wages?

I have not been paid in over 6 week. Finally I told them that I cannot return to work until I am paid. I have now been replaced and still have not received any pay. I am owed 7 weeks. Do they have to mail my checks to me?

Asked on November 19, 2010 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

1) You have an absolute right to be paid for all work that you did--including, if applicable, overtime.

2) When an employee leaves, the employer should pay him or her the final paycheck by or before the next regularly scheduled payday, in the same way or using the same method as they would normally pay him or her.

Clearly, something is wrong here--whether it's that the company doesn't intended to pay you individually for some reason, is out of money, has someone embezzling money, etc. If you haven't yet, send a written request for payment, identifying the amount they owe, in some way you can prove delivery--e.g. return receipt requested or fed ex with tracking. Send it to the president or owner as well as the person you'd send payroll questions to normally. If there is no response within a reasonable (short) time, contact the dept. of labor and/or a private attorney.


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