Should I or am I required to sign paperwork to receive my last check?

What if my employer won’t give it to me unless I do? If I sign paperwork upon being hired and request a copy and they say no does this hurt me?

Asked on September 14, 2016 under Employment Labor Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you are not required to sign anything to receive your last paycheck, and if your employer will not provide your final paycheck, you can file a complaint with your state's department of labor. (You could also sue in small claims court.) In your state, if you are terminated, they should provide your final paycheck within 24 hours; if you quit or resign, you would be paid at the next regularly scheduled payroll. But in either event, the employer *must* give you your final paycheck.
If there is something they want you to sign, such as a separation and release agreement, giving up any claims or the right to sue, they have to offer you something else or more for it, such as severance; they cannot use your final paycheck as leverage to get you to sign anything.


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