Legal Question in Employment Law in New Jersey

My employer is based out of NJ. Employer gave me a job offer for $105K so as to satisfy USCIS prewailing wage norms. However the employer gave in writing in an e-mail that he would pay at the rate of $72 per hour which converts to roughly $145K annually. The employer withheld part of my pay once I served notice for termination of the job. I have proof that he used to pay me at the $72/hr pay rate till the resignation was put in. I would like to know if there would be any difficulty in getting the full rate of $72 per hour even though it was not written in the employment letter, but was given in writing as part of an e-mail.

Thanks

BC


Asked on 5/11/11, 5:36 pm

1 Answer from Attorneys

Barry Gartenberg Barry F. Gartenberg LLC

In general, unless an employer makes enforceable promise to pay a certain wage for a specific period of time, the employer is free to reduce an employee's pay rate at any time, without reason or notice (unless the reduction is based upon illegal discrimination or retaliation). Although the classic way of making such a "promise" is by having an employment contract (e.g., an individual contract or collective bargaining agreement), other writings (e.g., emails, letters, etc.) may evidence an enforceable promise. It depends on exactly what the writings say. However, an employer may not withhold "earned" pay because an employee gives notice of resignation. Please feel contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

IRS CIRCULAR 230 DISCLOSURE: As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that written advice contained herein (if any) was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code.

With best wishes,

Barry F. Gartenberg, Esq.

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Answered on 5/11/11, 5:58 pm


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