Was it legal to fire me over the phone for no reason?

I was recently hired by a summer restaurant to try and make extra cash since I live by the shore and am a waitress. He owes me for the hours I worked and withheld all my credit card tips for the weekend appx 115 plus my hourly wage. He has not yet contacted me again about getting this money, I’m a single mom and every penny helps. Is this ok?

Asked on June 1, 2016 under Employment Labor Law, New Jersey

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You actually have 2 seperate issues here. First, it is legal to fire an employee for  no reason, with or without notice. Additionally, an employee can be fired in person, via text/email, or as it your case, by phone.
As to your second issue, an employee must be paid for all hours worked. And, in NJ, regardless of the reason an employee leaves work (i.e. either quits or is fired), they are entitled to be paid all wages due no later than the regular payday for the pay period. If your employer has wrongfully withheld your wages, then you can sue them in small claims court.


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