Can we pursue legal action if my wife was forced to sign a letter of resignation before she could collect her paycheck?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can we pursue legal action if my wife was forced to sign a letter of resignation before she could collect her paycheck?

She did not know this was illegal and signed it. We would like to know if we can still pursue legal action?

Asked on July 6, 2015 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, you can sue on the basis that an employer may not withhold the final paycheck or use it as leverage to get the employee to sign a letter of resignation. However, what are you suing for? If you wife was denied unemployment compensation to which she would otherwise have been entitled, that would be the measure of your damages--the amount of UI she should have received. There must be some concrete loss, because the law typically does not provide compensation for "abstract" injuries, like having your rights violated without some damage or loss coming from that violation. So if you wife was denied unemployment insurance, you may have a good claim. If she did not lose any money or anything from this, however, there would no viable claim, since there would be no damages, and so nothing to be compensated for.


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