What can I do if my employer won’t release my final paycheck until I come in and sign some documents but they are during the hours that I work at my new job?

I gave a 2 weeks notice when I quit my job. I had my last day on the 5th; I was suppose to receive my last paycheck on 17th. When I didn’t receive it I called employee services who said they would not give me my paycheck until I sign a form between the hours of 9-5 pm M-F. The hours I am at work. I told them I couldn’t come during those hours. They said they will keep my paycheck until I sign the form during hours I cannot come in. Can they legally do this? I turned everything in when I left.

Asked on July 18, 2015 under Employment Labor Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, they may not legally do this: an employee does not have to sign any documents to get his or her final paycheck, and if they won't release it to you, you could sue them for the money in small claims court and/or contact your state department of labor and see if they can help you. If your employer really wants you to sign these documents, they can offer you an incentive (e.g. severance) to sign them; they can also mail you (or fax, email, etc.) the documents, since there is nothing that an employer might need or want you to sign that you cannot sign at home and then mail back.


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