Is my former employer obligated to pay me?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is my former employer obligated to pay me?

I had written my supervisor with my resignation. I stated that I would work until the time I’m obligated by our contractual agreement, which was 30 days. However, I only worked 1 full day then my supervisor asked me into her office. She wanted me to sign a release agreement there was an arbitrary dollar amount on a check. The check, apparently, was to entice me to sign the release agreement.She stated she didn’t want me to report to work anymore. I stated I’m not signing anything on the spot and will take the release agreement home and read it. The next day I wrote my supervisor back with 2 conditions, in which I would sign the release agreement. I’ve heard nothing back from her it’s been a week. Is she obligated to pay me for the time I was willing to work until since it stipulated in the contract that I give 30 days notice and I’m now out of

work?

Asked on January 23, 2019 under Employment Labor Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Your willingness to work is not relevant. All that matters is the exact terms of your contract. IF the contract stated that the employer had to give you notice (not you giving them notice; they giving you), they would have to pay you through the end of the notice period; or IF the contract guaranteed you enjoyment through a certain date, they would have to pay through the earlier of that date or when you voluntarily leave employment. But without one of these two things, they could stop your employment, and stop paying you, at any time. Contracts are enforced according to their terms; you need contractual terms guarantying you pay for some period or time to make them pay you. Terms requiring you to give them notice protect them, not you.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption