How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 11047
Experience:  Significant experience in all areas of employment law.
Type Your California Employment Law Question Here...
Patrick, Esq. is online now
A new question is answered every 9 seconds

When sending a letter along with a check that the company believes

This answer was rated:

When sending a letter along with a check that the company believes is an accurate account of what is owed to the employee should the employer include a line where employee agrees to the amount and upon signature the matter is closed?
Hello again, and thank you for your question.

It's not illegal to ask an employee to sign a statement acknowledging the settlement of all outstanding wages. However, obtainig their signature on such a document would do little from a legal standpoint to actually prevent them from asserting a claim for additional unpaid wages.

There is a very strong policy incentive to ensure that employees retain their legal remedies to collect unpaid wages. An employer cannot hold an employee's final paycheck "hostage" (not suggesting that's what you're doing here) by compelling their signature on a document waiving their right to make a wage claim.

Generally, such an acknowledgement that "no further wages are owed" must be signed in exchange for something above and beyond the wages to which the employee is already entitled in order to have any force or effect.

So, for example, if you were to provide an additional day's pay above and beyond what is owed as consideration for the employee waiving their right to make any future claims, that would ordinarily be permissible. However, merely obtaining an employee's signature to that effect without providing anything of value, above and beyond their wages owed, would not.

Again, I sincerely XXXXX XXXXX this information helps you and I wish you the best.

Kindest regards.
Patrick, Esq. and 2 other California Employment Law Specialists are ready to help you

Related California Employment Law Questions