Q. What happens after I file a complaint?
A. Within 10 days of receiving your claim, Wage and Hour Compliance will mail you an acknowledgement letter listing your claim number. (Please be ready to provide your claim number whenever you contact Wage and Hour about your claim.)
They will review your claim to verify that Wage and Hour Compliance has jurisdiction. If your claim does not fall within their jurisdiction, they will return your claim to you, with an explanation.
Depending on the nature of the complaint, your claim will be assigned to a field investigator, handled by mail, or referred for a Wage Collection proceeding.
- Assigned to a field investigator - If your claim is assigned to a field investigator, the field investigator will contact you for additional information. After the investigator has all the information, he/she will make an in-person visit to the employer.
- Handled by mail - If your complaint does not involve anyone other than you, (e.g. you did not receive your last paycheck), it will be handled by mail. The employer will be contacted by mail and given the opportunity to either pay the wages due or explain why the wages are not due.
- Referred for a Wage Collection proceeding - If your complaint involves any kind of benefit that arises from an employment contract (i.e. vacation, holiday, commission, severance, or bonus pay), it will be scheduled for a Wage Collection proceeding. It will be necessary for you to attend the proceeding, present evidence in support of your complaint and waive any amount of your complaint in excess of $30,000. If you do not wish to waive the excess, you may wish to file a civil suit in a court of competent jurisdiction. Most hearings are held in Trenton, however, other locations are available upon request.
Q. Will I be notified of the results of the investigation?
A. Yes. After Wage and Hour Compliance complete the investigation, you will be notified of the results. If the decision is favorable to you and your employer owes you money, Wage and Hour Compliancewill notify your employer. The employer may issue the payment directly to you or send payment to Wage and Hour Compliance, which will forward it to you.
Most complaints are resolved within four to six weeks however some investigations are resolved more quickly and others take several weeks. There is no way to determine in advance how long it will take to complete the investigation into your complaint. If you are concerned about the status of your case, please call the Division at (609) 292-2305 and provide your claim or case number (from your acknowledgement letter) and the claims agent will advise you as to the status. Usually, when there is a field investigation, you will be contacted by the field investigator who will provide you with his or her telephone number so that you can make future contact about the status of your claim.
Q. What happens if the results of the investigation are not in my favor?
A. If the decision is unfavorable to you, Wage and Hour Compliance will notify you by mail, and you will have the option of pursuing your claim through a Wage Collection proceeding. If you chose this option, you must notify Wage and Hour Compliance in writing and we will then schedule you for a proceeding.
It will be necessary for you to attend the proceeding, present evidence in support of your complaint and waive any amount of your complaint in excess of $30,000. If you do not wish to waive the excess, you may wish to file a civil suit in a court of competent jurisdiction. Most hearings are held in Trenton, however, other locations are available upon request.
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