Can I sue for wages

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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

Answers:

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.


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