- Jurisdiction
- New Jersey
This should be fairly straightforward...I was "temporarily" laid off as of 4/2/2020 from a manufacturing company, due to reduction in business secondary to the pandemic.
The business remained open with reduced staff, as it was considered "essential" under Gov. Murphy's executive order.
I recently asked management via email about my status; I was informed that the layoff was still indefinite until further notice, and realistically could be considered permanent.
I have no issues or problems with this information.
Now, on to my problem...all employees-hourly/salary and exempt/non-exempt-were paid via direct deposit, and pay stubs were accessible electronically via the payroll provider's website or their cell phone app.
I wanted to retrieve my pay stubs for my personal records; however, I could not access them, as I received a "login not recognized" message. Upon contacting management, I was informed that they had switched payroll providers; further, I was told that even if they had not switched, I would not be allowed to access the website as a terminated employee. In addition, they said I would have no choice but to wait until W-2s were issued in January 2021.
New Jersey law merely states that "employees" must be able to access their pay stubs; the law does not specify "current" or "terminated". (NJAC 34:11-4.6)
My problem is that I was never given the opportunity to retrieve these pay stubs prior to termination, and believe that state law is vague and subject to interpretation; is anyone familiar with this subject? Do I have the right to demand access to, or physical copies of, my pay stubs for this year? If the company cannot retrieve actual pay stubs, can I demand a full accounting of my hours, pay, and deductions based upon company records which they are required to maintain, and, if so, how soon must they provide such records?
Thank you, and I await your response(s).
Mike
The business remained open with reduced staff, as it was considered "essential" under Gov. Murphy's executive order.
I recently asked management via email about my status; I was informed that the layoff was still indefinite until further notice, and realistically could be considered permanent.
I have no issues or problems with this information.
Now, on to my problem...all employees-hourly/salary and exempt/non-exempt-were paid via direct deposit, and pay stubs were accessible electronically via the payroll provider's website or their cell phone app.
I wanted to retrieve my pay stubs for my personal records; however, I could not access them, as I received a "login not recognized" message. Upon contacting management, I was informed that they had switched payroll providers; further, I was told that even if they had not switched, I would not be allowed to access the website as a terminated employee. In addition, they said I would have no choice but to wait until W-2s were issued in January 2021.
New Jersey law merely states that "employees" must be able to access their pay stubs; the law does not specify "current" or "terminated". (NJAC 34:11-4.6)
My problem is that I was never given the opportunity to retrieve these pay stubs prior to termination, and believe that state law is vague and subject to interpretation; is anyone familiar with this subject? Do I have the right to demand access to, or physical copies of, my pay stubs for this year? If the company cannot retrieve actual pay stubs, can I demand a full accounting of my hours, pay, and deductions based upon company records which they are required to maintain, and, if so, how soon must they provide such records?
Thank you, and I await your response(s).
Mike
