Can an employer withhold a final paycheck by requiring an employee to sign a resignation letter?

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Can an employer withhold a final paycheck by requiring an employee to sign a resignation letter?

Asked on March 19, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, an employer may not withhold the final paycheck for any reason, including particularly to force an employee to sign a resignation letter. You must be paid for all work you did, including the last work. If the employer wants you to sign a resignation letter (or severance agreement), its recourse or option is to offer you something ("consideration") for doing so--for example, it could offer you several weeks of severance if you agree to sign.


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