Do I have to sign papers saying I quit or resigned to receive my last paycheck?

I quit due to illegal activity, employees doing drugs on the job as well as having drug dealers come to the store so they could buy drugs. I felt I needed to quit because I was harassed and was told a few times by a former co-worker that he was in gang activity and I took that as a threat. Do I have to go in or can they mail my last check? Could I get unemployment?

Asked on March 2, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

1) The employer cannot require you to come in for your last paycheck; they'd have to mail it to you if you won't come on-site.

2) They can't make you sign a resignation letter or the like, though are free to offer you an incentive (like an extra week's pay) to do so.

3) You probably cannot receive unemployment compensation unless you can show not merely that you were uncomfortable at work, or that there were potentially dangerous individuals around, but that you were directly threatened and your employer took no actions to correct the situation (after first being told of or put on notice of the problem). Otherwise, if you quit, that would likely be considered a voluntary separation from employment.


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