QUESTION
Do I have to sign a document to get my last paycheck?
Asked on Oct 22nd, 2012 on Labor and Employment - New York
More details to this question:
I have worked for this company for 1 year and never had to sign anything before.
7 ANSWERS
I do not think you are required to sign for your check. But, why not. It will get you paid.
Answered on Oct 23rd, 2012 at 10:11 PM
Business Law Attorney serving Walnut Creek, CA
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Hirsch, Closson, McMillan & Schroeder, APLC
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No, you do not have to sign anything. They owe you the money.
Answered on Oct 23rd, 2012 at 9:35 PM
Jonathan Wall
That depends on what the document is (or says). It would be okay for the company to have you sign a document stating that you acknowledge receipt of the funds. If it also states that it's a "final payment" or that you've "been paid all monies owed" (and you disagree), or it has a "non competition agreement," or it states that you "release all claims" against the company, or similar language, or typifies the termination in a way you disagree with, then you may refuse to document, and you should still be able to receive your final paycheck (assuming you are an hourly worker and do not have an employment contract).
Answered on Oct 23rd, 2012 at 9:18 PM
Business and Class Action Litigation Attorney serving Denver, CO
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Kutak Rock LLP
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Without knowing what "document" you are being asked to sign, the general answer is you do not have to sign a document to receive a paycheck that is for wages you have already earned.
Answered on Oct 23rd, 2012 at 9:16 PM
Steven Lee Miller
NO! you are not required to sign any document to get your paycheck. Many companies hold their employees over a barrel essentially trying to force them to sign a document that says "you agree that you have been paid in full" or something like that, and then only after that you get paid. totally illegal. You do not have to sign anything and they must pay you on time, otherwise the company is at risk of having to pay you penalties of up to 30 days additional pay.
Answered on Oct 23rd, 2012 at 9:16 PM
Kevin Elliott Parks
No, you should not have to sign anything.
Answered on Oct 23rd, 2012 at 9:12 PM
2 Awards
They cannot withhold your earned wages from you for any reason. Therefore if they insist on not giving you your last paycheck unless you sign something contact the NYS Department of Labor. Depending on what it is they want you to sign though, you have to decide if its worth burning the bridge.
Answered on Oct 23rd, 2012 at 5:03 PM