Receiving Final Paycheck
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Receiving Final Paycheck
I recently resigned from my position and my employer is holding my final paycheck until I sign a resignation letter that they have completed. Do I need to sign in order to get my paycheck? This is in the state of Florida
Asked on June 12, 2009 under Employment Labor Law, Florida
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Unless that letter is required under the terms of your contract of employment with the company, I very much doubt this. If you've earned the pay, they have to give it to you, period. If they won't, send a polite letter insisting that they mail or release it by the next pay date. If that doesn't work, see the state wage and hour enforcement agency, or hire a lawyer. One place to look for a qualified attorney is our website, http://attorneypages.com
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
No. They have to pay you for all work done, period and end of sentence. They certainly may hold out some other payment or benefit as a carrot to induce you to sign some written agreement--for example, they could offer you 2 weeks severance if you sign, or to pick up your medical for a period of time, etc. if you sign something. However, they cannot hold money you have already worked for and earned.
Be careful with any resignation letter they want you to sign--once you have signed it, it's a written record with you signature on it. It'd be hard (not impossible, but potentially difficult) to disavow it later, so make sure there's nothing in there that could come back and bite you.
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