Employment Law Questions? Ask an Employment Lawyer.
Thank you for your response. If it is OK with you, I will try to ask you small questions to get the final answer I need.
1. I already have a hearing with NJ DOL in a month. Assuming I get a judgement in my favor and if the company doesn't honor the judgement, can I domesticate (I might be using the wrong term) the NJ DOL judgement to FL DOL?
2. How can I find out that the company is registered to do business in New Jersey and have an agent on file with the Secretary of State, NJ?
3. Do I have the right according to FL DOL, to open a wage and hour claim?
I would appreciate your detailed response just in case I didn't ask the right question. Thank you
The wage + severance is $18k. I found the company on the link you shared.
1. Can you forward me the form for the US DOL?
2. Where would be location of the US DOL hearing?
3. The company has an office in Manhattan (The headquarter is in FL). Can that help?
4. Why FL doesn't have a state wage complaint system?
1. Why do you state that NJ has jurisdiction? It's not like they can send someone to FL to enforce. Please explain the detail. Please forward official links.
2. You wrote:"3. Florida doesn't have the same type of state wage complaint process that New Jersey does. Residents have to either file a wage claim with the U.S. Department of Labor or file a lawsuit in Small Claims Court (for up to $5,000, so it depends on how much you're owed). The U.S. Department of Labor can investigate for you even if you're not a Florida resident."
There should be other courts in FL for the value I am asking. Even for double pay. Am I right on these two statements?
3. I thought their NYC office might come handy just in case I need to go to a non NJ court.
Please forward official links.
1. Are you referring to:
Q. May I file a claim if my employer is located out of state?A. Yes, you may file a claim. If the employer has a New Jersey location or agent, then the case will be handled through the normal processes. If the employer does not have a New Jersey location or an agent the Division will informally attempt to resolve the claim. However, the Division does not have jurisdiction over employers in other states so if the employer refuses to cooperate the Division cannot take any further action.
3. I brought up NYC as I am only a few miles away and the company has assets there
I apologize for the late response. It seems Justanswer still hasn't resolve the issue with my account. If you have a way of getting justanswer resolve account issues please let me know.
Anyway back to the subject.
1. Is there mediation at the NJ DOL hearing prior to each side presenting their evidence to the referee?
As in the hearing I need to answer under oath and if the employee sends an attorney then they are not under oath. At the hearing, after the mediation, if the company is represented by an attorney, can I ask the referee to postpone the hearing, so I can be represented by an attorney too?