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

UPDATED: Mar 2, 2012

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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