My former employer is witholding my final paycheck and W2 [closed]

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I was let go from my place of work in California on the 6th of January. My now former employer explicitly told me that she'll have my paycheck on the following Thursday (15th). That day came around and I went to pick up my check. She had me go into the office of the lead foreman who was going to hand me my check, which I thought was weird. He had my check and W-2 in hand, but stated that he needed me to sign a "Termination Document" before releasing my final paycheck and W-2.

The document was very sparse, maybe only a couple lines. By signing it, it states that I no longer work for the company and I can never pursue legal action against them. I was not comfortable signing it, especially since it made no reference to the W-2 or Paycheck. He assured me it was completely normal, and all of his former employees sign it. Still, very uncomfortable with it, because I never signed a document like this when I was let go.

To cut it short, the conversation went nowhere, and told him I would be back when I looked up a couple things I was unsure about. I then headed to the local Labor Commission office to ask around, then filed a former complaint.

It's the 21st, and still no check or W2 in hand. What should I do at this point, or what can I do?

salary ethics united-states termination

share|improve this question

asked Jan 21 '15 at 16:50

user32180

372

closed as off-topic by Telastyn, Jan Doggen, gnat, Jim G., Chris E Jan 22 '15 at 7:41

This question appears to be off-topic. The users who voted to close gave this specific reason:

• "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Telastyn, Jan Doggen, gnat, Jim G., Chris E

If this question can be reworded to fit the rules in the help center, please edit the question.

• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  Agreeing with @JoeStrazzere - you should have asked for the paycheck explicitly. They have until Jan 31st the following year to mail the W-2.
  – Wesley Long
  Jan 21 '15 at 17:16
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  So... did you sign or not?
  – user52889
  Jan 21 '15 at 18:38
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  I questioned him on the legitimacy of the document and told him in previous jobs that they handed me the paycheck and that was it. If there was a document to sign, it just stated that I have acknowledge I have received my final paycheck. He argued, mentioning that he was not withholding my paycheck and W-2, just needed me to sign the document for record purposes. I then asked him to hand over my paycheck if that was the case then. Which he declined, saying that he needed the document signed first before he can hand over the check and w-2, stating it was company policy.
  – user32180
  Jan 21 '15 at 19:29
  

  
  
  
  


• 
  
  
  

  
  3
  

  
  
  
  
  
  

  
  @user32180 sounds like you did exactly the correct thing when handed their 'agreement'.
  – GrandmasterB
  Jan 21 '15 at 20:15
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  You have done everything perfectly, from a legal standpoint. You should probably make a log (on a notepad) of your interactions and their result while it's still fresh in your mind.
  – Wesley Long
  Jan 22 '15 at 1:13
  

  
  
  
  

 | 
show 2 more comments

up vote
6
down vote

favorite

I was let go from my place of work in California on the 6th of January. My now former employer explicitly told me that she'll have my paycheck on the following Thursday (15th). That day came around and I went to pick up my check. She had me go into the office of the lead foreman who was going to hand me my check, which I thought was weird. He had my check and W-2 in hand, but stated that he needed me to sign a "Termination Document" before releasing my final paycheck and W-2.

The document was very sparse, maybe only a couple lines. By signing it, it states that I no longer work for the company and I can never pursue legal action against them. I was not comfortable signing it, especially since it made no reference to the W-2 or Paycheck. He assured me it was completely normal, and all of his former employees sign it. Still, very uncomfortable with it, because I never signed a document like this when I was let go.

To cut it short, the conversation went nowhere, and told him I would be back when I looked up a couple things I was unsure about. I then headed to the local Labor Commission office to ask around, then filed a former complaint.

It's the 21st, and still no check or W2 in hand. What should I do at this point, or what can I do?

salary ethics united-states termination

share|improve this question

asked Jan 21 '15 at 16:50

user32180

372

closed as off-topic by Telastyn, Jan Doggen, gnat, Jim G., Chris E Jan 22 '15 at 7:41

This question appears to be off-topic. The users who voted to close gave this specific reason:

• "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Telastyn, Jan Doggen, gnat, Jim G., Chris E

If this question can be reworded to fit the rules in the help center, please edit the question.

• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  Agreeing with @JoeStrazzere - you should have asked for the paycheck explicitly. They have until Jan 31st the following year to mail the W-2.
  – Wesley Long
  Jan 21 '15 at 17:16
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  So... did you sign or not?
  – user52889
  Jan 21 '15 at 18:38
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  I questioned him on the legitimacy of the document and told him in previous jobs that they handed me the paycheck and that was it. If there was a document to sign, it just stated that I have acknowledge I have received my final paycheck. He argued, mentioning that he was not withholding my paycheck and W-2, just needed me to sign the document for record purposes. I then asked him to hand over my paycheck if that was the case then. Which he declined, saying that he needed the document signed first before he can hand over the check and w-2, stating it was company policy.
  – user32180
  Jan 21 '15 at 19:29
  

  
  
  
  


• 
  
  
  

  
  3
  

  
  
  
  
  
  

  
  @user32180 sounds like you did exactly the correct thing when handed their 'agreement'.
  – GrandmasterB
  Jan 21 '15 at 20:15
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  You have done everything perfectly, from a legal standpoint. You should probably make a log (on a notepad) of your interactions and their result while it's still fresh in your mind.
  – Wesley Long
  Jan 22 '15 at 1:13
  

  
  
  
  

 | 
show 2 more comments

up vote
6
down vote

favorite

up vote
6
down vote

favorite

I was let go from my place of work in California on the 6th of January. My now former employer explicitly told me that she'll have my paycheck on the following Thursday (15th). That day came around and I went to pick up my check. She had me go into the office of the lead foreman who was going to hand me my check, which I thought was weird. He had my check and W-2 in hand, but stated that he needed me to sign a "Termination Document" before releasing my final paycheck and W-2.

The document was very sparse, maybe only a couple lines. By signing it, it states that I no longer work for the company and I can never pursue legal action against them. I was not comfortable signing it, especially since it made no reference to the W-2 or Paycheck. He assured me it was completely normal, and all of his former employees sign it. Still, very uncomfortable with it, because I never signed a document like this when I was let go.

To cut it short, the conversation went nowhere, and told him I would be back when I looked up a couple things I was unsure about. I then headed to the local Labor Commission office to ask around, then filed a former complaint.

It's the 21st, and still no check or W2 in hand. What should I do at this point, or what can I do?

salary ethics united-states termination

share|improve this question

asked Jan 21 '15 at 16:50

user32180

372

I was let go from my place of work in California on the 6th of January. My now former employer explicitly told me that she'll have my paycheck on the following Thursday (15th). That day came around and I went to pick up my check. She had me go into the office of the lead foreman who was going to hand me my check, which I thought was weird. He had my check and W-2 in hand, but stated that he needed me to sign a "Termination Document" before releasing my final paycheck and W-2.

The document was very sparse, maybe only a couple lines. By signing it, it states that I no longer work for the company and I can never pursue legal action against them. I was not comfortable signing it, especially since it made no reference to the W-2 or Paycheck. He assured me it was completely normal, and all of his former employees sign it. Still, very uncomfortable with it, because I never signed a document like this when I was let go.

To cut it short, the conversation went nowhere, and told him I would be back when I looked up a couple things I was unsure about. I then headed to the local Labor Commission office to ask around, then filed a former complaint.

It's the 21st, and still no check or W2 in hand. What should I do at this point, or what can I do?

salary ethics united-states termination

share|improve this question

asked Jan 21 '15 at 16:50

user32180

372

share|improve this question

share|improve this question

asked Jan 21 '15 at 16:50

user32180

372

asked Jan 21 '15 at 16:50

user32180

372

asked Jan 21 '15 at 16:50

user32180

372

372

closed as off-topic by Telastyn, Jan Doggen, gnat, Jim G., Chris E Jan 22 '15 at 7:41

This question appears to be off-topic. The users who voted to close gave this specific reason:

• "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Telastyn, Jan Doggen, gnat, Jim G., Chris E

If this question can be reworded to fit the rules in the help center, please edit the question.

closed as off-topic by Telastyn, Jan Doggen, gnat, Jim G., Chris E Jan 22 '15 at 7:41

This question appears to be off-topic. The users who voted to close gave this specific reason:

• "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Telastyn, Jan Doggen, gnat, Jim G., Chris E

If this question can be reworded to fit the rules in the help center, please edit the question.

• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  Agreeing with @JoeStrazzere - you should have asked for the paycheck explicitly. They have until Jan 31st the following year to mail the W-2.
  – Wesley Long
  Jan 21 '15 at 17:16
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  So... did you sign or not?
  – user52889
  Jan 21 '15 at 18:38
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  I questioned him on the legitimacy of the document and told him in previous jobs that they handed me the paycheck and that was it. If there was a document to sign, it just stated that I have acknowledge I have received my final paycheck. He argued, mentioning that he was not withholding my paycheck and W-2, just needed me to sign the document for record purposes. I then asked him to hand over my paycheck if that was the case then. Which he declined, saying that he needed the document signed first before he can hand over the check and w-2, stating it was company policy.
  – user32180
  Jan 21 '15 at 19:29
  

  
  
  
  


• 
  
  
  

  
  3
  

  
  
  
  
  
  

  
  @user32180 sounds like you did exactly the correct thing when handed their 'agreement'.
  – GrandmasterB
  Jan 21 '15 at 20:15
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  You have done everything perfectly, from a legal standpoint. You should probably make a log (on a notepad) of your interactions and their result while it's still fresh in your mind.
  – Wesley Long
  Jan 22 '15 at 1:13
  

  
  
  
  

 | 
show 2 more comments

• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  Agreeing with @JoeStrazzere - you should have asked for the paycheck explicitly. They have until Jan 31st the following year to mail the W-2.
  – Wesley Long
  Jan 21 '15 at 17:16
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  So... did you sign or not?
  – user52889
  Jan 21 '15 at 18:38
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  I questioned him on the legitimacy of the document and told him in previous jobs that they handed me the paycheck and that was it. If there was a document to sign, it just stated that I have acknowledge I have received my final paycheck. He argued, mentioning that he was not withholding my paycheck and W-2, just needed me to sign the document for record purposes. I then asked him to hand over my paycheck if that was the case then. Which he declined, saying that he needed the document signed first before he can hand over the check and w-2, stating it was company policy.
  – user32180
  Jan 21 '15 at 19:29
  

  
  
  
  


• 
  
  
  

  
  3
  

  
  
  
  
  
  

  
  @user32180 sounds like you did exactly the correct thing when handed their 'agreement'.
  – GrandmasterB
  Jan 21 '15 at 20:15
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  You have done everything perfectly, from a legal standpoint. You should probably make a log (on a notepad) of your interactions and their result while it's still fresh in your mind.
  – Wesley Long
  Jan 22 '15 at 1:13
  

  
  
  
  

1

1

Agreeing with @JoeStrazzere - you should have asked for the paycheck explicitly. They have until Jan 31st the following year to mail the W-2.
– Wesley Long
Jan 21 '15 at 17:16

Agreeing with @JoeStrazzere - you should have asked for the paycheck explicitly. They have until Jan 31st the following year to mail the W-2.
– Wesley Long
Jan 21 '15 at 17:16

So... did you sign or not?
– user52889
Jan 21 '15 at 18:38

So... did you sign or not?
– user52889
Jan 21 '15 at 18:38

I questioned him on the legitimacy of the document and told him in previous jobs that they handed me the paycheck and that was it. If there was a document to sign, it just stated that I have acknowledge I have received my final paycheck. He argued, mentioning that he was not withholding my paycheck and W-2, just needed me to sign the document for record purposes. I then asked him to hand over my paycheck if that was the case then. Which he declined, saying that he needed the document signed first before he can hand over the check and w-2, stating it was company policy.
– user32180
Jan 21 '15 at 19:29

I questioned him on the legitimacy of the document and told him in previous jobs that they handed me the paycheck and that was it. If there was a document to sign, it just stated that I have acknowledge I have received my final paycheck. He argued, mentioning that he was not withholding my paycheck and W-2, just needed me to sign the document for record purposes. I then asked him to hand over my paycheck if that was the case then. Which he declined, saying that he needed the document signed first before he can hand over the check and w-2, stating it was company policy.
– user32180
Jan 21 '15 at 19:29

3

3

@user32180 sounds like you did exactly the correct thing when handed their 'agreement'.
– GrandmasterB
Jan 21 '15 at 20:15

@user32180 sounds like you did exactly the correct thing when handed their 'agreement'.
– GrandmasterB
Jan 21 '15 at 20:15

1

1

You have done everything perfectly, from a legal standpoint. You should probably make a log (on a notepad) of your interactions and their result while it's still fresh in your mind.
– Wesley Long
Jan 22 '15 at 1:13

You have done everything perfectly, from a legal standpoint. You should probably make a log (on a notepad) of your interactions and their result while it's still fresh in your mind.
– Wesley Long
Jan 22 '15 at 1:13

 | 
show 2 more comments

2 Answers
2

active

oldest

votes

up vote
23
down vote

From: http://www.dir.ca.gov/dlse/faq_paydays.htm

An employee without a written employment contract for a definite
period of time who quits without giving 72 hours prior notice must be
paid all of his or her wages, including accrued vacation, within 72
hours of quitting. An employee who quits without giving 72-hours prior
notice may request that his or her final wage payment be mailed to a
designated address. The date of mailing will be considered the date of
payment for purposes of the requirement to provide payment within 72
hours of the notice of quitting. Labor Code Section 202

There is no wiggle room here. Contact the labor commissions office. http://www.dir.ca.gov/dlse/DistrictOffices.htm

Now, because you were terminated they have to provide those wages immediately at termination and are now liable for damages because they have not complied with California law. Basically, for every day that the final wages are not completely paid (starting on Jan 7th), they owe you an additional day's worth of wages. Which means about 15 days at this point... (https://www.dir.ca.gov/dlse/FAQ_WaitingTimePenalty.htm)

You can file a wage claim here: https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

note: I just reread the question. Considering you've already filed a complaint at this point you need to let them investigate and work through the process.

update
Based on the last comments: Honestly it sounds like they are scared about something. There is no way that I'd sign that agreement. You will get your check regardless so there is no reason to sign away any rights. Never mind that without consideration a contract like that in the US is likely void anyway - and receiving your paycheck is not consideration.

At this point I'd take one of their calls and let them know that you have filed a wage claim against them. Then state that if they want to resolve things now that they must deliver your paycheck plus the additional penalty amount for the Waiting Time Penalty based on Code Section 202 of the California Labor law - immediately.

share|improve this answer

edited Jan 22 '15 at 0:01

answered Jan 21 '15 at 17:03

NotMe

20.9k55695

• 
  
  
  

  
  2
  

  
  
  
  
  
  

  
  Chris, please leave the answer up. It's good info for the site, if not for the poster.
  – Wesley Long
  Jan 21 '15 at 17:15
  

  
  
  
  

suggest improvements | 

up vote
1
down vote

Your instincts are spot-on. You have no obligation to sign their document. I wrote this in reply to another poster in a very similar situation. Just add "ex-foreman" to "ex-boss":

Do not communicate, in any fashion (phone, text, email, in person...
NONE) any further with your ex-boss. All communication regarding this
matter should be directed to your former company's HR and Legal
departments. Legal will make sure you get your paycheck promptly to
dissuade you from taking further legal action against the company.

share|improve this answer

edited Apr 13 '17 at 12:48

Community♦

1

answered Jan 22 '15 at 6:53

ExactaBox

1,485613

• 
  
  
  

  
  

  
  
  
  
  
  

  
  I would if there was an HR department, there is not. It's a very small company, less than 20 employees. You can say my Boss is also my HR.
  – user32180
  Jan 22 '15 at 15:32
  

  
  
  
  

suggest improvements | 

2 Answers
2

active

oldest

votes

2 Answers
2

active

oldest

votes

active

oldest

votes

active

oldest

votes

up vote
23
down vote

From: http://www.dir.ca.gov/dlse/faq_paydays.htm

An employee without a written employment contract for a definite
period of time who quits without giving 72 hours prior notice must be
paid all of his or her wages, including accrued vacation, within 72
hours of quitting. An employee who quits without giving 72-hours prior
notice may request that his or her final wage payment be mailed to a
designated address. The date of mailing will be considered the date of
payment for purposes of the requirement to provide payment within 72
hours of the notice of quitting. Labor Code Section 202

There is no wiggle room here. Contact the labor commissions office. http://www.dir.ca.gov/dlse/DistrictOffices.htm

Now, because you were terminated they have to provide those wages immediately at termination and are now liable for damages because they have not complied with California law. Basically, for every day that the final wages are not completely paid (starting on Jan 7th), they owe you an additional day's worth of wages. Which means about 15 days at this point... (https://www.dir.ca.gov/dlse/FAQ_WaitingTimePenalty.htm)

You can file a wage claim here: https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

note: I just reread the question. Considering you've already filed a complaint at this point you need to let them investigate and work through the process.

update
Based on the last comments: Honestly it sounds like they are scared about something. There is no way that I'd sign that agreement. You will get your check regardless so there is no reason to sign away any rights. Never mind that without consideration a contract like that in the US is likely void anyway - and receiving your paycheck is not consideration.

At this point I'd take one of their calls and let them know that you have filed a wage claim against them. Then state that if they want to resolve things now that they must deliver your paycheck plus the additional penalty amount for the Waiting Time Penalty based on Code Section 202 of the California Labor law - immediately.

share|improve this answer

edited Jan 22 '15 at 0:01

answered Jan 21 '15 at 17:03

NotMe

20.9k55695

• 
  
  
  

  
  2
  

  
  
  
  
  
  

  
  Chris, please leave the answer up. It's good info for the site, if not for the poster.
  – Wesley Long
  Jan 21 '15 at 17:15
  

  
  
  
  

suggest improvements | 

up vote
23
down vote

From: http://www.dir.ca.gov/dlse/faq_paydays.htm

An employee without a written employment contract for a definite
period of time who quits without giving 72 hours prior notice must be
paid all of his or her wages, including accrued vacation, within 72
hours of quitting. An employee who quits without giving 72-hours prior
notice may request that his or her final wage payment be mailed to a
designated address. The date of mailing will be considered the date of
payment for purposes of the requirement to provide payment within 72
hours of the notice of quitting. Labor Code Section 202

There is no wiggle room here. Contact the labor commissions office. http://www.dir.ca.gov/dlse/DistrictOffices.htm

Now, because you were terminated they have to provide those wages immediately at termination and are now liable for damages because they have not complied with California law. Basically, for every day that the final wages are not completely paid (starting on Jan 7th), they owe you an additional day's worth of wages. Which means about 15 days at this point... (https://www.dir.ca.gov/dlse/FAQ_WaitingTimePenalty.htm)

You can file a wage claim here: https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

note: I just reread the question. Considering you've already filed a complaint at this point you need to let them investigate and work through the process.

update
Based on the last comments: Honestly it sounds like they are scared about something. There is no way that I'd sign that agreement. You will get your check regardless so there is no reason to sign away any rights. Never mind that without consideration a contract like that in the US is likely void anyway - and receiving your paycheck is not consideration.

At this point I'd take one of their calls and let them know that you have filed a wage claim against them. Then state that if they want to resolve things now that they must deliver your paycheck plus the additional penalty amount for the Waiting Time Penalty based on Code Section 202 of the California Labor law - immediately.

share|improve this answer

edited Jan 22 '15 at 0:01

answered Jan 21 '15 at 17:03

NotMe

20.9k55695

• 
  
  
  

  
  2
  

  
  
  
  
  
  

  
  Chris, please leave the answer up. It's good info for the site, if not for the poster.
  – Wesley Long
  Jan 21 '15 at 17:15
  

  
  
  
  

suggest improvements | 

up vote
23
down vote

up vote
23
down vote

From: http://www.dir.ca.gov/dlse/faq_paydays.htm

An employee without a written employment contract for a definite
period of time who quits without giving 72 hours prior notice must be
paid all of his or her wages, including accrued vacation, within 72
hours of quitting. An employee who quits without giving 72-hours prior
notice may request that his or her final wage payment be mailed to a
designated address. The date of mailing will be considered the date of
payment for purposes of the requirement to provide payment within 72
hours of the notice of quitting. Labor Code Section 202

There is no wiggle room here. Contact the labor commissions office. http://www.dir.ca.gov/dlse/DistrictOffices.htm

Now, because you were terminated they have to provide those wages immediately at termination and are now liable for damages because they have not complied with California law. Basically, for every day that the final wages are not completely paid (starting on Jan 7th), they owe you an additional day's worth of wages. Which means about 15 days at this point... (https://www.dir.ca.gov/dlse/FAQ_WaitingTimePenalty.htm)

You can file a wage claim here: https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

note: I just reread the question. Considering you've already filed a complaint at this point you need to let them investigate and work through the process.

update
Based on the last comments: Honestly it sounds like they are scared about something. There is no way that I'd sign that agreement. You will get your check regardless so there is no reason to sign away any rights. Never mind that without consideration a contract like that in the US is likely void anyway - and receiving your paycheck is not consideration.

At this point I'd take one of their calls and let them know that you have filed a wage claim against them. Then state that if they want to resolve things now that they must deliver your paycheck plus the additional penalty amount for the Waiting Time Penalty based on Code Section 202 of the California Labor law - immediately.

share|improve this answer

edited Jan 22 '15 at 0:01

answered Jan 21 '15 at 17:03

NotMe

20.9k55695

From: http://www.dir.ca.gov/dlse/faq_paydays.htm

An employee without a written employment contract for a definite
period of time who quits without giving 72 hours prior notice must be
paid all of his or her wages, including accrued vacation, within 72
hours of quitting. An employee who quits without giving 72-hours prior
notice may request that his or her final wage payment be mailed to a
designated address. The date of mailing will be considered the date of
payment for purposes of the requirement to provide payment within 72
hours of the notice of quitting. Labor Code Section 202

There is no wiggle room here. Contact the labor commissions office. http://www.dir.ca.gov/dlse/DistrictOffices.htm

Now, because you were terminated they have to provide those wages immediately at termination and are now liable for damages because they have not complied with California law. Basically, for every day that the final wages are not completely paid (starting on Jan 7th), they owe you an additional day's worth of wages. Which means about 15 days at this point... (https://www.dir.ca.gov/dlse/FAQ_WaitingTimePenalty.htm)

You can file a wage claim here: https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

note: I just reread the question. Considering you've already filed a complaint at this point you need to let them investigate and work through the process.

update
Based on the last comments: Honestly it sounds like they are scared about something. There is no way that I'd sign that agreement. You will get your check regardless so there is no reason to sign away any rights. Never mind that without consideration a contract like that in the US is likely void anyway - and receiving your paycheck is not consideration.

At this point I'd take one of their calls and let them know that you have filed a wage claim against them. Then state that if they want to resolve things now that they must deliver your paycheck plus the additional penalty amount for the Waiting Time Penalty based on Code Section 202 of the California Labor law - immediately.

share|improve this answer

edited Jan 22 '15 at 0:01

answered Jan 21 '15 at 17:03

NotMe

20.9k55695

share|improve this answer

share|improve this answer

edited Jan 22 '15 at 0:01

edited Jan 22 '15 at 0:01

edited Jan 22 '15 at 0:01

answered Jan 21 '15 at 17:03

NotMe

20.9k55695

answered Jan 21 '15 at 17:03

NotMe

20.9k55695

answered Jan 21 '15 at 17:03

NotMe

20.9k55695

20.9k55695

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  Chris, please leave the answer up. It's good info for the site, if not for the poster.
  – Wesley Long
  Jan 21 '15 at 17:15
  

  
  
  
  

suggest improvements | 

• 
  
  
  

  
  2
  

  
  
  
  
  
  

  
  Chris, please leave the answer up. It's good info for the site, if not for the poster.
  – Wesley Long
  Jan 21 '15 at 17:15
  

  
  
  
  

2

2

Chris, please leave the answer up. It's good info for the site, if not for the poster.
– Wesley Long
Jan 21 '15 at 17:15

Chris, please leave the answer up. It's good info for the site, if not for the poster.
– Wesley Long
Jan 21 '15 at 17:15

suggest improvements | 

up vote
1
down vote

Your instincts are spot-on. You have no obligation to sign their document. I wrote this in reply to another poster in a very similar situation. Just add "ex-foreman" to "ex-boss":

Do not communicate, in any fashion (phone, text, email, in person...
NONE) any further with your ex-boss. All communication regarding this
matter should be directed to your former company's HR and Legal
departments. Legal will make sure you get your paycheck promptly to
dissuade you from taking further legal action against the company.

share|improve this answer

edited Apr 13 '17 at 12:48

Community♦

1

answered Jan 22 '15 at 6:53

ExactaBox

1,485613

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  I would if there was an HR department, there is not. It's a very small company, less than 20 employees. You can say my Boss is also my HR.
  – user32180
  Jan 22 '15 at 15:32
  

  
  
  
  

suggest improvements | 

up vote
1
down vote

Your instincts are spot-on. You have no obligation to sign their document. I wrote this in reply to another poster in a very similar situation. Just add "ex-foreman" to "ex-boss":

Do not communicate, in any fashion (phone, text, email, in person...
NONE) any further with your ex-boss. All communication regarding this
matter should be directed to your former company's HR and Legal
departments. Legal will make sure you get your paycheck promptly to
dissuade you from taking further legal action against the company.

share|improve this answer

edited Apr 13 '17 at 12:48

Community♦

1

answered Jan 22 '15 at 6:53

ExactaBox

1,485613

• 
  
  
  

  
  

  
  
  
  
  
  

  
  I would if there was an HR department, there is not. It's a very small company, less than 20 employees. You can say my Boss is also my HR.
  – user32180
  Jan 22 '15 at 15:32
  

  
  
  
  

suggest improvements | 

up vote
1
down vote

up vote
1
down vote

Your instincts are spot-on. You have no obligation to sign their document. I wrote this in reply to another poster in a very similar situation. Just add "ex-foreman" to "ex-boss":

Do not communicate, in any fashion (phone, text, email, in person...
NONE) any further with your ex-boss. All communication regarding this
matter should be directed to your former company's HR and Legal
departments. Legal will make sure you get your paycheck promptly to
dissuade you from taking further legal action against the company.

share|improve this answer

edited Apr 13 '17 at 12:48

Community♦

1

answered Jan 22 '15 at 6:53

ExactaBox

1,485613

Your instincts are spot-on. You have no obligation to sign their document. I wrote this in reply to another poster in a very similar situation. Just add "ex-foreman" to "ex-boss":

Do not communicate, in any fashion (phone, text, email, in person...
NONE) any further with your ex-boss. All communication regarding this
matter should be directed to your former company's HR and Legal
departments. Legal will make sure you get your paycheck promptly to
dissuade you from taking further legal action against the company.

share|improve this answer

edited Apr 13 '17 at 12:48

Community♦

1

answered Jan 22 '15 at 6:53

ExactaBox

1,485613

share|improve this answer

share|improve this answer

edited Apr 13 '17 at 12:48

Community♦

1

edited Apr 13 '17 at 12:48

Community♦

1

edited Apr 13 '17 at 12:48

Community♦

1

1

answered Jan 22 '15 at 6:53

ExactaBox

1,485613

answered Jan 22 '15 at 6:53

ExactaBox

1,485613

answered Jan 22 '15 at 6:53

ExactaBox

1,485613

1,485613

• 
  
  
  

  
  

  
  
  
  
  
  

  
  I would if there was an HR department, there is not. It's a very small company, less than 20 employees. You can say my Boss is also my HR.
  – user32180
  Jan 22 '15 at 15:32
  

  
  
  
  

suggest improvements | 

• 
  
  
  

  
  

  
  
  
  
  
  

  
  I would if there was an HR department, there is not. It's a very small company, less than 20 employees. You can say my Boss is also my HR.
  – user32180
  Jan 22 '15 at 15:32
  

  
  
  
  

I would if there was an HR department, there is not. It's a very small company, less than 20 employees. You can say my Boss is also my HR.
– user32180
Jan 22 '15 at 15:32

I would if there was an HR department, there is not. It's a very small company, less than 20 employees. You can say my Boss is also my HR.
– user32180
Jan 22 '15 at 15:32

suggest improvements |