A former Bayonne recreation department worker is suing the city, claiming he’s owed $957,471.84 in underpayments and exemplary damages and seeking $2,956,471.84 overall.
By John Heinis/Hudson County View
“On or about August 1st, 1990 Tyrone [Sims] was hired by the City as a recreation department employee at an hourly rate of $3.00; at this point in time the New Jersey statutory minimum wage was $3.50 per hour,” the four-count lawsuit says.
In the court filing, which was made on Wednesday, Sims indicates he was terminated on December 31st, 2018 and was not paid the state mandated minimum wage for the entirety of his nearly three decades of work.
“Said wage underpayments were made without just cause, explanation or excuse and deprived and denied Tyrone of earned pay during the relevant period totaling $319,157.28,” according to the suit.
“Said willful and intentional non-payment and deprivation of Tyrone’s earned pay by defendant City is contrary and in violation of [state statute], thereby entitling plaintiff to recover as exemplary damages an additional $638,314.56.”
Specifically, through his attorney Jarred S. Freeman, of Edison-based Freeman and Patel LLC, Sims said that he is owed $265,754.91 in wage underpayment, $16,206.13 in pension underpayment, and $37,196.24 in vacation underpayment.
They are alleging breach of contract, violation of state statute, intentional infliction of emotional distress, and negligent inflection of emotional distress.
As a result, Sims is seeking both compensatory and punitive damages of not less than $1 million ($2 million combined), along with attorneys’ fees and costs of suit, as well as pre- and post-judgement interest and any relief the court deems just and equitable.
A city spokesman said their policy is not to comment on pending lititgaiton.
GOOD LUCK