What are our rights if for a 2 year period our employer’s computer system has crashed numerous times and this has affected our pay?

UPDATED: Sep 30, 2022

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What are our rights if for a 2 year period our employer’s computer system has crashed numerous times and this has affected our pay?

Instead of fixing the situation they feel giving us a ball park figure amount should compensate what was lost and that we should accept. My co-workers and myself have lost a lot money due to the failure of their actions. I feel the company is stealing money from us.

Asked on November 18, 2016 under Employment Labor Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

IF you have not been paid all the amounts that you were entitled to for the work you did, you could sue for that money: to win, you'd need to prove (e.g. by some combination of testimony, time sheets, pay stubs or deposit receipts, etc.) how much you should have been paid and how much you were paid: you could then recover, or get a court judgment ordering that you be paid, the difference. But it has to be streessed that you have to have *proof* of what you should have, but did not, get: without specific details, facts, etc., you will not win.
You also need to consider whether the cost, time, trouble, etc. of a suit is worth the trouble. Say that you believe you are owed $500, but they are offering you, say, $100...is losing 1 - 2 days of work (since court is only during the work week) and the trouble/effort of suing worth a *chance* (no lawsuit is guaranteed; even if you have what you think is a strong case, you could lose) of getting the extra $400? That's the analysis you have to make before deciding whether to sue or not.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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