Is it a legal requirement to offer a

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Is it a legal requirement to offer a

I was under the assumption that I had been laid-off from my job. My employer then has sent correspondence that in order to receive my final paycheck, I must forfeit my

Asked on February 8, 2017 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, it is not standard practice: resignation is voluntary separation from employment ("quitting") and so unless you have voluntarily chosen to leave, you have not resigned. Do not sign the letter: if you do, you will be stating in writing that you resigned and so will not be eligible for unemployment benefits. (Leaving voluntarily means no unemployment.) You don't have to sign to receive your final paycheck: the law requires that you be paid for.all work you did, including your final check. If the employer will not pay you you, you could sue them, such as in small claims court as your own attorney or "pro se", for the money.


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