Should I accept back pay without asking for more info?

UPDATED: Oct 1, 2022

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Should I accept back pay without asking for more info?

I was contacted by phone by an old
employer that I would be receiving a
check from them due to an error with
their timekeeping software. They
notified me I would be receiving
certified mail to receive the check.
When I sign for this certified mail am I
giving up my right to ask for more back-
pay if there is more that they owe me?

Asked on May 20, 2019 under Employment Labor Law, Kansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, unless you actually sign some agreement stating that you are accepting the payment in exchange for giving up any claims you may have, or in full consideration or compensation for any claims you may have (or language to this effect), you will not be giving up any right(s) to sue by accepting the money. Accepting payment, without an agreement to not sue or give up claims, does not prevent you from pursuing otherwise valid claims.

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 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.

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