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 6 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 6 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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