Legal Question in Employment Law in California

Final paycheck question;

If I cash my final check + the check paid for my vacation time, can it be taken as any sort of agreement not to pursue legal action?


Asked on 10/18/06, 6:43 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Final paycheck question;

No.

What legal action?

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Answered on 10/24/06, 7:54 pm
Beth Mora Cooper & Mora, A Professional Corporation

Re: Final paycheck question;

No. I am not sure what else is going on to lead you to this question, however, depositing due and owing wages (including hours worked, overtime, vacation, etc..) does not close the door on other possible legal claims. Furthermore, should you have signed a waiver of claims which included your right to your due and owing wages as listed above as one form of consideration (money paid to you for executing the waiver) then the waiver could be argued to be invalid.

I suggest you contact legal counsel to vent out the rest of your question.

Best of luck,

Beth Mora

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Answered on 10/24/06, 7:57 pm
JEB Pickett Wynne Law Firm

Re: Final paycheck question;

If you are owed wages, overtime pay, vacation pay, penalties, expenses you incurred on behalf of your employer or other compensation, cashing a "final" paycheck does not waive your rights to later legal claims.

If you wish to contact legal counsel other than those who have provided responses on this board, contact your local county Bar Association and ask for a referral to an attorney experienced in wage and hour laws.

Disclaimer: This response and any materials or content provided by this response or through this web site or the www.wynnelawfirm.com website are for general informational purposes only and should not be relied on or considered as legal advice. If you seek legal advice or representation by Wynne Law Firm, you must first enter into a formal agreement. Under no circumstances does this informational response, directly or indirectly, including, without limitation, any correspondence by any means to or from Wynne Law Firm, establish or intend to establish an Attorney-Client relationship between you and Wynne Law Firm.

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Answered on 10/25/06, 11:30 am


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