Unpaid Wages

Talk With a Bergen County Employment Lawyer About Recovering Unpaid Compensation

Most employees work hard for their pay and benefits. You should not be deprived of the money you already earned. At Rabner Baumgart Ben-Asher & Nirenberg, P.C., our attorneys help New Jersey workers recover unpaid salary, overtime, commissions, bonuses, severance pay, and other compensation. From our office in Bergen County, we assess your claims, explain your options, and pursue the full relief the law allows.

What Counts as Unpaid Compensation

Unpaid compensation can arise in many ways: being required to work “off the clock,” late or short paycheck amounts, withheld commissions or bonuses or, or severance that is promised but never paid. These issues are actionable under contracts, company policies, and state and federal wage laws. Speaking with a Bergen County employment lawyer can help you understand which laws apply and what evidence will best support your claim.

Unpaid Salary and Hourly Wages

Failing to pay you in full or on time violates the law. In New Jersey, the Wage Payment Law (WPL) governs when and how wages must be paid. If you were underpaid, paid late, or required to work during unpaid breaks, then you may have a breach of contract claim and statutory claims. Often, the WPL or the New Jersey Wage and Hour Law can provide additional remedies including liquidated (or enhanced) damages and attorney’s fees. These laws apply whether the underpayment or late payment resulted from an “oversight,” cash-flow problems, or intentional wage theft.

Unpaid Commissions

Commission plans are frequently misapplied. Common problems include retroactive changes to formulas, misinterpretation of when commissions were earned,” reassigning accounts to reduce or avoid payment, or paying the wrong person. Your rights depend on the written contract or commission plan and past practice. New Jersey law requires employers to timely pay all earned commissions and permits strong remedies when employers withhold them. Our firm regularly handles commission disputes for both employees and independent sales representatives.

Unpaid Bonuses

Bonus disputes often turn on the governing documents. If your offer letter, employment agreement, company plan document or written policy sets objective criteria, and you met those criteria, then nonpayment can be a breach of contract. Some plans are discretionary or require continued employment on the payout date; others are formula-based and earned when the performance period ends. Even in discretionary systems, employers may not reduce or deny bonuses for unlawful reasons such as discrimination or retaliation. You should preserve plan documents, emails, and any performance reviews or scorecards that show you met the stated targets.

Unpaid Severance Pay

Severance typically is governed by a contract, company policy, or a written reduction-in-force program. If you meet the eligibility requirements, the employer must follow the contract or plan’s terms, including the formula, payout timing, and benefit continuation. We evaluate eligibility, negotiate payments, and challenge overbroad terms in releases including non-compete provisions and other restrictive covenants that were not part of your original bargain.

Protection Against Retaliation

Under state and federal law, you are protected for raising good-faith concerns about unpaid compensation. Retaliation for asking about wages, filing a formal or informal complaint, or participating in an investigation is unlawful. Retaliation can include termination, demotion, pay cuts, reduction of hours, negative schedule changes, or heightened scrutiny. Courts can award back pay, reinstatement, attorney’s fees and liquidated (double) damages when retaliation occurs.

Practical Steps to Strengthen Your Claim

It often is important to collect and keep copies of your offer letter, employment agreement, paystubs, time records, schedules, bonus or commission plans, severance policies, and relevant emails or messages. When applicable, write down the dates you worked, the hours you were not paid for, and who approved the work. If you report the issue internally, submit a professionally written complaint and save a copy. These steps are not required to have a case, but can make it easier to prove what you are owed and why.

Frequently Asked Questions

I am salaried. Can I still recover overtime or other unpaid wages?
Yes, unless you are exempt. Being paid a salary does not automatically make you exempt from overtime or other protections. Exempt status depends on your actual duties and salary level, not the job title alone.

My bonus plan says it is “discretionary.” Do I have any recourse?
Possibly. If the employer’s conduct shows an established practice, or if the decision was influenced by unlawful discrimination or retaliation, then you still may have a viable claim.

The company changed its commission plan mid-year. Is that allowed?
Changes may be limited by contract, state wage laws, or promissory estoppel. Employers generally cannot retroactively change a commission plan to impact commissions that you already have earned. However, they generally have the right to change the plan for new sales you make in the future.

Speak With a Bergen County Employment Lawyer

If your employer has not paid you all of the salary, wages, bonuses, commissions, severance pay, or other compensation you earned, Rabner Baumgart Ben-Asher & Nirenberg, P.C. can help. Call (201) 777-2250 or contact us online to schedule a confidential consultation with a Bergen County employment lawyer. We will review your documents, explain your rights, and pursue the compensation you are owed.