This final paycheck would include commission previously agreed upon that is earned.
No, you don't. Some Employers try to make you do this to stop you from suing later on if you have a suit. Don't do it. They will owe you the check anyway and can be sued under the Wage Payment and Collection Law (also provides besides unpaid check 25% liquidated damages plus attorneys fees).
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law apply, unless otherwise specified.
That being said, attorney Sweeney gave you excellent advice. Not only do you not have to sign anything, but withholding your pay is a violation of the PA Wage Payment and Collection Law, and you would be able to collect your pay, a 25% penalty and your attorneys' fees. DO NOT SIGN anything until you review it with an attorney; employers sometimes try to sneak a noncompetition agreement in these parting separation agreements.
/Christopher E. Ezold/
I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies.
It sounds like your former employer is trying to strong-arm you into signing a legal document. DONT DO IT!!! without having an attorney review it first. You are not legally required to sign anything. If your former employer, actually withholds your pay, they would be violating the Wage Payment and Collection Law. I strongly recommend you have an attorney review any document before signing it. I also think that having an attorney represent you might force your former employer to back down from this illegal request.
I would agree that you may have a claim under the PA Wage Payment and Collection Law if the employer continues to refuse to pay you. You should discuss this with a local lawyer to determine your options.
Comments made in this posting are general in nature and not intended to be legal advice nor are they intended to specifically apply to your particular situation. I would encourage you to meet with a lawyer in your area who can review in detail the specifics of your case and provide advice that applies to your particular situation.
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