Legal Question in Employment Law in California
I was recently laid off at the end of Dec '09 and my former employer is asking me to sign a release and separation agreement and back date it by 7 days to Dec 30, supposedly so they can pay my last wages in the 2009 payroll. My suspicion is what the really want is for me to essentially waive the 7 day period guaranteed under ADEA. Is that legal? They also owe me for vacation time and I am concerned that I would also lose the right to pursue the claim through the Division of Labor. I am a CA resident. Thanks.
Phil
3 Answers from Attorneys
Hello, Phil.
At the very least you should discuss the terms of your release and the circumstances of termination with an attorney before signing that document. Thanks, and feel free to follow up.
Arkady Itkin
Attorney at Law
Under the California Labor Code an employer cannot make the payment of wages due contingent on execution of a release document.
No, it is not proper to request backdating, but unless you have a valid age claim you intend to bring then this will get you paid quicker without waiting the 7 day period. If you have a valid age claim, you wouldn't be signing a release, would you? Sounds like they are trying to do you a favor.
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