Employment Law

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If an employee refuses to return a settlement check because…

Customer Question
If an employee refuses...

If an employee refuses to return a settlement check because he disagrees with the amount, does that mean that he is accepting the settlement and the issue is resolved?

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

It was discussed with both the manager and HR. The employee was given the check but was unhappy with the outcome.

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

Union, it is hourly

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of

Submitted: 3 months ago.Category: Employment Law
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Answered in 9 minutes by:
3/29/2018
Employment Lawyer: Loren, Lawyer replied 3 months ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,798
Experience: More than 30 years in legal practice.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

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The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

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Employment Lawyer: Loren, Lawyer replied 3 months ago

Is there anything I writing, signed by the employee, such as a settlement agreement or release?

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Customer reply replied 3 months ago
There was nothing signed by the employee.
Employment Lawyer: Loren, Lawyer replied 3 months ago

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get. I just ask that you not shoot the messenger.

Without any written agreement, there is nothing which would release you from liability even if the other party cashed the check. It will be credited to any final terms but will not, in and of itself, cut off liability.

There is nothing which legally cuts off liability with that check. So, you may want to stop payment until you get something in writing. Let the ex know that you are stopping payment until the settlement terms are finalised and reduced to a signed written agreement and release.

I am happy to continue if you have further questions.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Employment Lawyer: Loren, Lawyer replied 3 months ago

Are you still online with me?

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Employment Lawyer: Loren, Lawyer replied 3 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you for using JA.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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