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Can an employer require me (or withhold final pay) to sign anything like an NDA after I voluntarily quit?
Anonymous5 views4 answers
I turned in my resignation on Friday Sep 5, 2014. I quit without notice and I provided a mailing address to send my final check to. Earlier today I got a call from the VP HR saying she was going to direct deposit my check into my account on the next payday Sep 15, 2014. She also sent me a bunch of documents to sign to "remind me" that I'm still bound by the NDA I signed before I started (though I never signed one). Aren't they in violation of the CA Labor Law, i.e. they need to mail a check within 72 hours?
Tuvia KorobkinEmployment / Labor AttorneyBeverly Hills, CACA licensed ·
Yes, they are in violation of the law. Labor Code section 203 requires that they pay you your final wages within 72 hours after you quit. If they don't, they owe you continuing wages (i.e. your full pay) for each day after 72 hours that they "willfully" fail to pay you your final wages, up to 30 days. You should remind your employer of this statute. If they refuse to pay you immediately you can pursue a claim for these "waiting time penalties" either through the Labor Commissioner or through a lawsuit.
Good luck.
It is unlawful for an employer to withhold your final pay for any reason. Its willful withholding of your final paycheck for more than 72 hours after you quit will result in your right to waiting time penalties equal to one day of pay for each day of delay, up to a total of thirty days.
Your employer has no power whatsoever to make you sign a single thing at this point. Perhaps it would be willing to pay you for the signature in the form of a severance payment and agreement. Otherwise, if it failed to get an NDA from you before now it has no contractual power to limit disclosure of information that is not a trade secret.
Good luck to you.
An employee without a written employment contract for a definite period of time who quits without giving 72 hours prior notice must be paid all of his or her wages, including accrued vacation, within 72 hours of quitting. An employee who quits without giving 72-hours prior notice may request that his or her final wage payment be mailed to a designated address. The date of mailing will be considered the date of payment for purposes of the requirement to provide payment within 72 hours of the notice of quitting.
The place of the final wage payment for employees who are terminated (or laid off) is the place of termination. The place of final wage payment for employees who quit without giving 72 hours prior notice and who do not request that their final wages be mailed to them at a designated address, is at the office of the employer within the county in which the work was performed.
Direct deposits of wages to an employee's bank, saving and loan, or credit union account that were previously authorized by the employee are immediately terminated when an employee quits or is discharged, and the payment of wages upon termination of employment in the manner described above shall apply UNLESS the employee has voluntarily authorized that deposit and provided that the employer complies with the provisions relating to the payment of wages upon termination or quitting of employment.
An employer who willfully fails to pay any wages due a terminated employee (discharge or quit) in the prescribed time frame may be assessed a waiting time penalty. The waiting time penalty is an amount equal to the employee's daily rate of pay for each day the wages remain unpaid, up to a maximum of thirty (30) calendar days.
An employee will not be awarded waiting time penalties if he or she avoids or refuses to receive payment of the wages due. If a good faith dispute exists concerning the amount of the wages due, no waiting time penalties would be imposed. A "good faith dispute" that any wages are due occurs when an employer presents a defense, based in law or fact which, if successful, would preclude any recovery on the part of the employee. The fact that a defense is ultimately unsuccessful will not preclude a finding that a good faith dispute did exist. However, a defense that is unsupported by any evidence, is unreasonable, or is presented in bad faith, will preclude a finding of a "good faith dispute".
Even if there is a dispute, the employer must pay, without requiring a release, whatever wages are due and not in dispute. If the employer fails to pay what is undisputed, the "good faith" defense will be defeated whatever the outcome of the disputed wages.
Best of luck.
You are correct in that if you quit without giving at least 72 hours' notice, your employer is required by law to have your check available (or to mail to you since you requested it) within 72 hours of the time you quit. They cannot just wait until next payday without incurring waiting time penalties of one day's pay for each day you have to wait to be paid. And, the law states that your former employer "shall" pay your attorney to get what is owed to you. No, an employer man never make you sign anything, especially in exchange of your final paycheck. You are bound by the NDA you signed, but you have no obligation to sign anything. Call an employment law attorney to discuss. Many of us offer a free initial phone consultation and may be able to help you at no cost to you. A strong demand letter from one of us may get the job done. You can find contact info on .com.