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Fired while on Vacation, being denied my pay. New Jersey

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  • Fired while on Vacation, being denied my pay. New Jersey

    Heres my situation. Requested Vacation, was denied. Came into work Monday 10-11-10, worked a half day, had a little misunderstanding with the Boss. Was told to take my Vacation which I have 2 weeks. So i didnt return until today Friday10-15-10,which was only 1 week not the 2 weeks to pick up my check. Told by my co-workers Ive been Fired. Neither Boss was there so I called them. Whats the deal, neither one said I was Fired. Was told i owe them a few things, all i have is a key and my uniforms. Which i have no problem giving them back. Is this even legal, not being told By Your Boss and holding my check? Please Help Thank You

  • #2
    New Jersey requires only that fired employees receive their final paycheck on the regularly scheduled pay day. Has that day come and gone yet?

    It is unprofessional of your boss to delegate the notification of your firing to co-workers, but it is not illegal.
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    • #3
      Thank You

      Today was payday and they hold a weeks check so i will have another next week also. was told i owed them a few things, which they didnt elaborate on. Said they will call me back. Thanks

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      • #4
        Just to pick a small nit, the "holding a week's pay" is known as paying "in arrears"; IOW you are paid on XX day for the pay period ending some time before that. Pretty common and a best payroll practice.

        I would not that your final paycheck cannot be held because you don't return company equipment or other information in your possession, but I'd get it returned ASAP.

        And, of course, file for unemployment immediately, if you have not already done so.
        Last edited by Pattymd; 10-15-2010, 04:08 PM.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Gotcha. So even if the vacation was agreed on and told by the Boss to take it. Im still unowed?

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          • #6
            I have a feeling if you took this to the state Dept. of Labor, your chances would be 50/50 or worse. There is no law I know of which is going to force the employer to pay vacation taken based on the word of your boss

            Having said that, though, what is the company policy regarding payment of accrued vacation at termination?
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Thank YOU

              So I got my checks, including 2 weeks vacation pay. I filed for UI and now have to take an interview in 2 weeks. Have abstract stating liscense was never suspended, it was my registration and My Employer made the mistake. Tried to explain got the run around, said he will call me back, Never Did (How Professional)! I have a written and signed Disciplinary Form being terminated for loss of liscense and driving company vehicle, which never happened. I even have their insurance abstract stating it was my registration not my liscense. I faxed everything I had to the Unemployment Office. Any other Help would be Grateful. Any other legal action I could take. thanks

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              • #8
                Good result and good luck with your UI claim. I think you've done all you can do with that at this point.

                No, no legal recourse, the employer did nothing illegal; unprofessional, maybe. But you can't sue for unprofessional.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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