Can I sue for wages
Get Legal Help Today
Secured with SHA-256 Encryption
Can I sue for wages
I began working as a consultant for a company almost 3 months ago. It was verbally agreed that we would review my performance to continue at 30 days and, if so, this month I would become a regular employee and receive a salary plus retroactive pay to the date of hire. The review was postponed and never took place. I showed up for work today and was asked not to return.Tomorrow will be 90 days.
Asked on August 21, 2017 under Employment Labor Law, New Jersey
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
An oral (that, not "verbal," is the correct term) agreement in an employment context is NOT enforceable and does not alter "employment at will" (or the the right to set and change at will pay, including going back on promises, and to also terminate employees at any time, for any reason, without prior notice). Only a written agreement would have protected you; without a written agreement, you have no basis to recover back pay or otherwise take legal action, since without a written contract overriding "employment at will," they could do this.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.