What to do if I went in to pick up my last paycheck today which was “payday” and my boss refused to hand over the check until I signed a letter of resignation?

It was a letter that that he wrote up. Is it legal for him to refuse paying me before I sign a letter of resignation?

Asked on September 14, 2012 under Employment Labor Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all sates in this country your final pay check is not dependent upon you signing a letter of resignation. I suspect that if you were actually terminated, the letter of resignation that your former employer wanted you to sign was to prevent an unemployment claim by you.

In essence, the letter requested to be signed by you did not need to be signed by you and the refusal to then hand over your final pay check was illegal.

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