What are our rights if for a 2 year period our employer’s computer system has crashed numerous times and this has affected our pay?
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What are our rights if for a 2 year period our employer’s computer system has crashed numerous times and this has affected our pay?
Instead of fixing the situation they feel giving us a ball park figure amount should compensate what was lost and that we should accept. My co-workers and myself have lost a lot money due to the failure of their actions. I feel the company is stealing money from us.
Asked on November 18, 2016 under Employment Labor Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
IF you have not been paid all the amounts that you were entitled to for the work you did, you could sue for that money: to win, you'd need to prove (e.g. by some combination of testimony, time sheets, pay stubs or deposit receipts, etc.) how much you should have been paid and how much you were paid: you could then recover, or get a court judgment ordering that you be paid, the difference. But it has to be streessed that you have to have *proof* of what you should have, but did not, get: without specific details, facts, etc., you will not win.
You also need to consider whether the cost, time, trouble, etc. of a suit is worth the trouble. Say that you believe you are owed $500, but they are offering you, say, $100...is losing 1 - 2 days of work (since court is only during the work week) and the trouble/effort of suing worth a *chance* (no lawsuit is guaranteed; even if you have what you think is a strong case, you could lose) of getting the extra $400? That's the analysis you have to make before deciding whether to sue or not.
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