[NJ] Am I entitled to unpaid wages and damages if I was never formally terminated?
I worked for a company in NJ for 1 week in July. The handbook says employees are paid weekly. I was late twice—once on Wednesday (arrived 2 hours late but worked the rest of the day) and once on Friday, when I called in but my supervisor never answered. I was ready and able to work Friday but was never told I was suspended, terminated, or removed from the schedule. The following Monday, my supervisor implied I “couldn’t be trusted” but never directly said I was fired. I’ve never been formally terminated—no written notice, no email. Since I was willing and able to work and never formally let go, I may still be owed pay up until the date they actually provide formal termination. I wasn’t paid for the partial Wednesday I worked, nor for Friday despite being available. My final paycheck also wasn’t provided on the regular payday as required under NJSA 34:11-4.3. It’s 8 days late. Under the NJ Wage Theft Act, I believe I may be entitled to my unpaid wages, plus up to 200% liquidated damages and attorney’s fees. I want to confirm whether Friday and subsequent days count as payable time and if I have a strong claim with the NJ DOL or in court.
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Understood. Legally, they have to pay you for any time you did work (Wage Payment Law). Also, with salaried roles, you’re supposed to be paid even if you don’t work, if you worked during the week (29 C.F.R. § 541.604(b)). The fact you were on a daily rate could complicate that, but they would at least still owe for the week you were present and available. They could deny time for any weeks you didn’t work at least one day.
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I worked for a company in NJ for 1 week in July. The handbook says employees are paid weekly. I was late twice—once on Wednesday (arrived 2 hours late but worked the rest of the day) and once on Friday, when I called in but my supervisor never answered. I was ready and able to work Friday but was never told I was suspended, terminated, or removed from the schedule.
The following Monday, my supervisor implied I “couldn’t be trusted” but never directly said I was fired. I’ve never been formally terminated—no written notice, no email. Since I was willing and able to work and never formally let go, I may still be owed pay up until the date they actually provide formal termination. I wasn’t paid for the partial Wednesday I worked, nor for Friday despite being available. My final paycheck also wasn’t provided on the regular payday as required under NJSA 34:11-4.3. It’s 8 days late.
Under the NJ Wage Theft Act, I believe I may be entitled to my unpaid wages, plus up to 200% liquidated damages and attorney’s fees. I want to confirm whether Friday and subsequent days count as payable time and if I have a strong claim with the NJ DOL or in court.
Lexi, Chatbot
Were you ever given any formal notice of termination or suspension?
Never.
Lexi, Chatbot
Did you keep a record of the hours you worked, including the partial Wednesday and the Friday you were available but not scheduled?
Yes. They were paying me a weekly salary rate of $750 while I was on training. Hours were roughly 7–3 but some days were shorter/longer.
Lexi, Chatbot
Is there anything else the employment lawyer should know?
Yes.
Elizabeth
Hi there! I’m Liz, an attorney. So I can best help, were you salaried or hourly?
I was salaried + commission, but currently on a training salary of $150/day.
Elizabeth
Thank you! Were you listed as under any probation period?
No, I was not.
Elizabeth
Understood. Legally, they have to pay you for any time you did work (Wage Payment Law). Also, with salaried roles, you’re supposed to be paid even if you don’t work, if you worked during the week (29 C.F.R. § 541.604(b)). The fact you were on a daily rate could complicate that, but they would at least still owe for the week you were present and available. They could deny time for any weeks you didn’t work at least one day.
They also sent me very rude messages. Do you think I’ll get the 200% liquidated damages for being over a week late?
Elizabeth
The 200% would be up to the judge, but their misconduct gives you the right to request it.
Thanks.
Elizabeth
If I can be of further help, please let me know.
Elizabeth
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