seperation agreement

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seperation agreement

i resigned from my job and my employer is refusing to process my final check until i sign a separation agreement

Asked on April 20, 2018 under Employment Labor Law, Oregon

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You must be paid for all hours worked - period. Accordingly, you can sue your former employer in small claims court and/or file a wage claim with your state's department of labor. If it wants you to sign a separation agreement, then you can negotiate for a severance package, etc.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can sue them for the money, such as in small claims court, as your own attorney ("pro se") to save on legal fees. You have a strong case: the law does NOT let them refuse to pay your last paycheck, or make receiving your check contingent on signing a separation agreement. They MUST pay you your final check; if they want you to sign a separation agreement--which is voluntary for you--they have to make it worth your while to do so, such as by offering you severance.


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