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Can my former employer hold my final paycheck until I sign and subit a document indicating I will not sue him?
Everett, WA
Viewed 50 times.
Posted 24 days ago in Employment / Labor
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I submitted my two-week notice in the middle of September and still have not received my final paycheck. He will not send it until I sign a return a document indicating that I will not sue him. Additionally, he has sent me an electronic version of my final paystub and has subtracted about $2300 for bogus charges.
These tactics are why I quit in the first place. I took a low salary and was supposed to receive a quarterly profit share. Although I did recieve some profit share it wasn't what was agreed to. He calculated it and would never let me see the books. Last year for the 4th quarter, he calculated a $6000 dollar profit share which he subtracted from the first quarter of 2009. Do I have any legal recourse for any of this? Also, I came into possession of his quickbooks files. Answers (2)
Thuong-Tri Nguyen
This attorney is licensed in Washington.
Posted 24 days ago.
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If located in WA, your employer likely is regulated by WA Labor & Industries. You can review the information provide by L&I regard final paycheck at this site: http://www.lni.wa.gov/WorkplaceRights/Wages/PayReq/FinalPay/default.asp .
If you are successful in bring legal action against your employer to collect your pay, the court can order your employer to pay some or all of the attorney's fees for you. You can file a complaint with L&I. Filing a complaint directly with L&I is free of charge. You likely have no legal rights to the business's QuickBooks files. You may be exposing yourself to liability, possibly even criminal charges depending on how you got the files. 
Shawn B Alexander
This attorney is licensed in Washington.
Posted 24 days ago.
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I agree with Mr.Nguyen, and the short answer is no. You are entitled to what you earned, and a waiver of that nature is not enforceable without additional consideration. In addition give back the quickbooks because the possession is unlawful.
You should notify the department of labor and industries, and file a formal complaint. In addition you may want to file a small claims action to recover the profit shharing according to the agreement. Good Luck |
