What are my rights if I have 3 months of unpaid wages?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights if I have 3 months of unpaid wages?
I’m a production manager for a record label. I’m quitting because I have not been paid since almost 3 months. If my boss asks me to sign a termination letter at termination do I have to? Can he withhold pay if I don’t? I’m planning to go freelance so I don’t want any non-competition clause or else. Do I have to? Can he withhold my due?
Asked on March 22, 2012 under Employment Labor Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
1) You have to be paid for all work done--period. If you are not paid, you can sue your employer to recover it.
2) You do not have to sign a termination letter, severance or separation agreement, non-competition agreement, etc. upon termination or resignation, and the employer may not withhold pay you have already earned to make you do so. The employer is free to offer you something to make it "worth your while" to sign--for example, the employer could offer you an extra few weeks of pay if you sign--but it would be up to you to accept that offer or not.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.