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Can an employer withhold a final paycheck until you sign a release of liability? And require paycheck pick up from an attorney?
Anonymous8 views3 answers
My former employer has informed me I can pick up my final paycheck from an attorney after I sign a release of liability stating I will not sue the company or owner for anything. Thus they are withholding my paycheck until I sign and they are requiring me to sign the agreement and pick up my paycheck not at the business, but at an Attorney's office. Is this legal? Do I have any right to state I will only pick up my paycheck from the business and not the attorney? How long does the business have to provide me with my paycheck? I have been requesting it for 45 days so far.
I believe some of your answers will depend on whether or not you are under contract, and several other factors. They owe you the money for the time you worked for them and cannot require you to sign a release for wages already earned. I would strongly suggest you use the find a lawyer tab above to locate an attorney in your area. There are several attorneys who offer free initial consultations who will explain your legal rights. Additionally, the attorney may be able to make a call or write a letter without the necessity of a suit. Good Luck.
You do not have to sign a release in order to obtain your last paycheck. If they will not give you your check, contact a lawyer to demand your unpaid wages. Those claims allow for you to recover attorney's fees and costs against the employer. Once the employer receives those demands, last paychecks are pretty quickly given up.
