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Unlawful deduction from my paycheck, job threatened

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

Ok, I work for a car dealership and lately had an issue with a manager. I made a small mistake when I sold a used car to someone. I forgot to make sure there was an owner's manual in the glove compartment. It happens all the time and all we have to do is walk back to the parts department and they hand us one and we throw it in there. I just forgot to check, the customer got home and called about it. Of course we apologized and told her we would give her one. After the call my manager flipped out on me and said "that's ok, we'll just take it out of your paycheck". I told him that you cannot take money out of my paycheck without my authorization. His eyebrows raised and he said "ok, we'll see who's right". At the end of the day I was terminated. I then got a call 2 days later from another manager who was very nice to me. He asked me if I would like to work at their other location. I went down there and he was very nice to me, he said "don't worry about what happened over there, you didn't do anything wrong, we feel you will be a better fit here". So far he's right, I fit very well with the management team, and i have been praised by all of them so far. When I got my check (which was for my last week at the first location), it was $100 short. I then called the other location to ask them to fax over my "pay sheet", the pay sheet is basically a breakdown of your salary, as well as each of the individual deals you sold. The manager subtracted $100 from the deal with the missing manual. I even asked one of my managers to go into the computer and verify what the comission payout is, he said it was exactly $100 more than I got and he was very confused as to why I got what I did. So clearly this manager needed to prove a point to me, that he can play with my money. I kept calling to get my pay sheets and kept getting the run around, I finally had to call someone else to literally "sneak" it over to the fax machine and fax it to me. So clearly they were trying their hardest to hide the paper trail from me. I've been asking about the $100 and have been told to "forget about it" and "just move on". I am not willing to do that. So I have come to the conclusion that I may end up filing a wage claim with the department of labor, which will result in a lengthy and painful payroll audit (i've seen one before and their not pretty). I'm sure when this happens they are going to fire me, again. I'm assuming that when they do fire me that i'm automatically protected under the Conscientious employee protection act, or the "whistleblower act". The question is when they do fire me, how do I hire a lawyer to help me when I have no money as a result of my losing my job? Are there lawyers that take these types of cases on for free if they feel they have a solid case? Before I take actions is there anything I should do to build up evidence, like wear a tape recorder, gather documents, etc? I'm not sure what to do. I know most people may say "just let it go", but if I do that, then i'm basically sending them the message "it's ok to do this", and they will probably do it a lot more. Also I really need the money, I have bills to pay and believe it or not that $100 is making a difference in my financial situation. I just want to get some advice so I can thoroughly plan things out and do things right.
 


ecmst12

Senior Member
You are protected from being terminated for filing a complaint with the DOL. If you file the complaint and they fire you for it, you just add that to your complaint.
 
Right. Now i'm sure that the DOL can't literally force them to keep my employment, so i'm assuming that they would end up getting fined, which is fine and good. Don't know how much that fine would be, but I can tell you that this dealership profits over a million dollars per year. I'm starting to feel like I have two choices, I can be right and be unemployed, or I can be wrong and be employed. So after they get fined and all that, what happens to me and my bills? Do they have to give me my job back?
 

ecmst12

Senior Member
The DOL can direct them to give you your job back, with back pay even. But it could be a long fight. I have to say that if it were me, and I was otherwise happy with the job at the new location, and the ONLY problem was the missing $100...I would probably let it go. But that's me, not you.
 
I know what you mean. A big part of me wants to let it go, but I feel that if I do that they will continue to do this kind of thing. For all I know they have been doing it without the salesman's knowledge.

I did just look over the law (N.J.S.A. 34:19-3), and it actually says that the court can issue court orders to:

a. An injunction to restrain continued violation of this act;
b. The reinstatement of the employee to the same position held before the retaliatory action, or to
an equivalent position;
c. The reinstatement of full fringe benefits and seniority rights;
d. The compensation for lost wages, benefits and other remuneration;
e. The payment by the employer of reasonable costs, and attorney's fees;
f. Punitive damages; or
g. An assessment of a civil fine of not more than $1,000.00 for the first violation of the act and not
more than $5,000.00 for each subsequent violation, which shall be paid to the State Treasurer for
deposit in the General Fund.

So that makes me feel better. The problem is being able to afford a lawyer if I have no money coming in. For that reason alone, I bet that a ton of employers get away with some pretty horrible stuff. I guess I will look to see if there are lawyers who can handle a case like this with little or no money down. I'm sure they will have a very good lawyer, since they have a lot of money. I'm not trying to set up a lawsuit or anything, I just want to protect myself in case something happens. I enjoy my job and I make pretty decent money doing it, even though i've only been doing it for 5 months. Years later when I have more experience I can potentially make 70 to 100k a year. Over time that's more than I can get from suing.
 
Well last Saturday I had a conversation with 2 of the managers about the situation. I very politely said if they were not willing to look at my situation, I would have no choice but to file a wage claim with the DOL. I went in today and they immediately pulled me into the office and told be because of that conversation that they were firing me. So they fired me, again, and told me that was the reason. I'm no lawyer but I believe they basically hung themselves.
 
It's really stupid on their part. At the very least, even if I were to not even win an claim or court battle, their going to have to end up paying for an attorney to defend themselves. They could have just fixed the mistake and let me continue to sell and make them more money. It just doesn't make sense.
 

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