Home     Links     Contact Us     Bookmark  
 
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Law & Legal Jobs

What if I don't sign the termination papers?
Find answers to your legal question.





What if I don't sign the termination papers?

I was let go from a part time job I had for 4 years for something that was unfair...Even the employees there are on my side but anyway, can I not sign the papers? Would they withhold my last paycheck if I don't? Would not signing kind of be like saying "I quit"?


    




CatLaw
Rating
Legally, the majority of states do not require that you sign termination papers. Actually it is a myth that the employee signing with have any effect. If you are an at will employee (not under a union or employment written contract) the employer can terminate you for any or no reason (except discrimination see www.eeoc.gov) with or without your signature. Many at will employees nowadays are terminated via e-mail, a message on voice mail, or a letter sent to their home -- again no employee signature.

Under most states signing such an employment document only means that you saw it and received a copy. It does NOT mean that you agree with it. This is the same for reviews, discipline, or performance improvement plans. So, fighting over the signing is meaningless.

No, signing termination papers does not say that you quit. Signing a document that says "this employee hereby submits his/her resignation" is the only signing that would indicate that you quit.

Under the Federal law enforced by the Department of Labor. An employee must be paid for all time worked. So if you do not receive your last paycheck, you file a report with your state's Department of Labor. Most states have websites for this and allow online filing.

Look at www.eeoc.gov and your state's human rights commission/dept to see if you qualify for a discrimination suit. You may also want to speak with a local employment attorney to see if there are other violations. Make sure you file for unemployment. Bring a copy of the termination papers with you to give to the unemployment office.


mtdrums
Rating
you do not have to sign anything...ask them for a copy so you can have someone (mom, dad, friend, husband, etc.) review it and tell them you will mail it back, and then keep it if you feel the need. They can fire you for anything, at any time, so whatever you feel was unfair doesn't matter. get your paycheck, they cannot keep it.


kapn
Rating
You don't have to sign anything. But your old employer can become difficult........


Johnnie M
Rating
Well. Some associates I know had a situation similar to yours. According to what you have done for the job:You may be able to take them to court.





 Enter Your Message or Comment


User Name:  
User Email:   
Post a comment:




Legal Discussion Forum

 What job or occupation would be more suited for handicapped people like me?
I just want to work and live legally at USA with the love of my life with me
Additional Details
my handicapped is my left hand ...


 I have a son that is is three now should he have got his fathers death benefits even if he died before ....?
more info my finance was in the military and he passed away before either one of us knew we were expecting a child I found out the day of the funeral and was shocked everyone started questioning me ...


 Is it legal for a religious organization in the USA to discriminate in hiring on the basis of religion . . . ?
for a non-religion related staff position? For instance, can a church affliliated organization legitimately specify that they will only hire Christians for a Computer Network Admin job?

...


 If one receives a law degree, do many opportunities open? What kind of careers can you have with a law degree
Hello, I was just career planning- However, it has come to my attention that a law degree is very powerful. If you believe so too, can you explain what kind of opportunities open? What kind of ...


 Sick leave to return with less hours?
I was out sick for 2 weeks with a doctors note. My boss now wants to cut my hours due to my absence. Is this legal? I live in M...


 Writers strike question?
WHY CAN'T THEY COME TO AN AGREEMENT OVER THE WRITERS strike?...


 In oklahoma, is it legal to hold an employee liable if the manager sends your home.?
I came into work but threw up. My manager wasnt here yet but I contacted her and she said it would count against me. I said I would stay and work it out but she insisted I go home. Even with a few ...


 If an employer checks your references is it likely you will get the job?
...


 Question on "final written warning" from employer?
I had missed a day of work for my son being sick, no other options, and 2 days for me having a severe ear infection. This happened all in one month and I just started this job only 3 months ago. Just ...


 You get laid off and you cont to get cks for 4wks what actions could company take if you don't give them back?
Laid off through the human resource office and it isn't sent to corporate payroll office until the monthly payroll reports and comp policy was to mail paychecks and the former employee refused ...


 What type of job can I get with a BA in Legal Studies??
I have no intention of becoming a lawyer. Paralegal sounds like something I would love to do (cuz I love research)...but I can't type very fast and there doesn't seem to be any job security....


 How do other people survive without job?
...


 Misdemeanor expunged in california, should I disclose it when appplying a hospital job?
Misdemeanor expunged a year ago in California.
I want to apply to work at a county hospital.
On the application it asked" Have you ever been arrested for a misdemeanor?".
S...


 Once after you submit your intent to give up job because of night work and/ or the employer has fired after,?
how soon are you supposed to receive your last pay check and arrears from your last working day....


 After law school, do you need to pass the bar in order to work?
I want to work as a level III Legal Assistant for a high price law firm, or maybe somewhere in public office, maybe for a court or even a good non-profit organization. Do you need to pass the bar for ...


 Submitting A Writing Sample?
I used to submit samples from my legal writing class, but I now have work from an internship that I got positive feedback on. Since I feel my writing has improved since legal writing class, I'd ...


 If you have a paralegal degree can you go to lawschool without a bachelors to become a attorney?
...


 Alabama Unemployment benefits question?
Is it true someone can quit their job and collect benefits simply because they live more than 50 miles away from work? Would that be one way or round trip? I'm asking because I have an 82 mile ...


 A certain job?
I want to try to get in the field of working with gangs and maybe juveniles.. im not sure what the position is called but someone said a Social worker. Anyone know the schooling needed and maybe if ...


 Are online emulators legal?
...




Copyright (c) 2009-2013 Wiki Law 3k Wednesday, September 17, 2014 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links
0.014