URGENT question

[raj3001]

What is the name of your state (only U.S. law)? NJ

My employer let me go and refuses to pay me accrued vacation pay. Also, while on employer business, somebody stolen my personal stuff and he refuses to pay me for it. He has inadequate insurance so that won't cover it. I have a company laptop which I intend to return. Can I hold the laptop until he pays me? I am in NJ. Also, is there a wage theft law in NJ?

 

[Proserpina]

What is the name of your state (only U.S. law)? NJ

My employer let me go and refuses to pay me accrued vacation pay. Also, while on employer business, somebody stolen my personal stuff and he refuses to pay me for it. He has inadequate insurance so that won't cover it. I have a company laptop which I intend to return. Can I hold the laptop until he pays me? I am in NJ. Also, is there a wage theft law in NJ?

I'll only address the theft issue.

Your employer is not responsible for reimbursing you for stolen property. Go after the thief.

You cannot withhold company property in that manner, unless you want to face criminal charges yourself - for theft.

 

[Antigone*]

What is the name of your state (only U.S. law)? NJ

My employer let me go and refuses to pay me accrued vacation pay. Also, while on employer business, somebody stolen my personal stuff and he refuses to pay me for it. He has inadequate insurance so that won't cover it. I have a company laptop which I intend to return. Can I hold the laptop until he pays me? I am in NJ. Also, is there a wage theft law in NJ?

Your personal belongings are not your employer's problem. If you do not return his items when requested he call file a police report.

I won't address your vacation as I am not certain.

 

[Antigone*]

I'll only address the theft issue.

Your employer is not responsible for reimbursing you for stolen property. Go after the thief.

You cannot withhold company property in that manner, unless you want to face criminal charges yourself - for theft.

LOL... time for drinks, GF

 

[Proserpina]

LOL... time for drinks, GF

Certainly!

 

[cbg]

The state of NJ does not require the payout of unused vacation unless there is a policy or past practice of doing so. Is there such a policy?

As indicated, your employer is not obligated to repay you for stolen property. And no, you absolutely may not hold the laptop till he pays you - that's stealing too.

 

[raj3001]

re:

yes, there is a policy regarding that. Its specified in the employee handbook, plus I have confirmed that with HR in the past. They refused to pay citing excuses like I did not work the last week before I left, when infact I did work and they know its true that I did, otherwise they would not have paid my salary for last week. So, they paid my salary for the last week before I left and now they are coming back and saying, sorry you did not work last week and the accrued vacation money is being cut for that. That is weird. Your thoughts?

 

[cbg]

You are free to file a wage claim for the unpaid vacation with the NJ DOL. Either it works or it doesn't. It will depend on exactly how the policy is worded, and how the ALJ is feeling that day.

However, under NO circumstances can you hold onto the laptop until they pay you. They could sue you for that, and they'd win. They could even file criminal charges against you for that, and it's not outside the realm of possibility that they'd stick. You do NOT want to go down that road. You have legal recourse if you're not paid everything the law says you're due, but they also have legal recourse if you do not return their property, and under these specific circumstances, their legal recourse is bigger than your legal recourse.

 

[!CuriousGeorge!]

CAN you? Sure. SHOULD you? No. And you may not be entitled to your vacation pay .. you may think you are when you may not be. Google scholar research for the OP. The OP should return the laptop w/o any demands associated with the return. It's childish to play this game.

 

[raj3001]

re:

Hi,

I am in the process of filing a wage claim against ex-employer and wanted to know what the process is? also will the filing of wage claim affect my current job/employer/wages etc..

thanks

 

[cbg]

Let me google that for you