Legal Question in Employment Law in California
Severance and Final Pay release
I was laid off and my former employer is requesting that I sign a release in order to get two weeks severance pay. The wording is as follows: In consideration of the two (2) weeks severance payment to be made to the undersigned upon receipt of this Release, the undersigned releases EMPLOYER from and against any and all claims, losses and liabilities that the undersigned may have against the EMPLOYER based upon or arising out of employment by the Released Parties.
Can I still apply for Unemployment Ins. or is that a form of claim against my former employer? My employer paid for my Notary exam- should I request a mutual release since that Notary commission will now be going with me? Also I have not rec'd my final paycheck and the email I got with the release implies that I will get that check when they get the release (I waited 1wk for the release and final paycheck). By signing the release will I be forfeiting my right to ask for penalties for them holding my final pay?
2 Answers from Attorneys
Re: Severance and Final Pay release
If you earned the wages, you must be paid. Otherwise, penalties accrue. You might talk to the employer about including a line in the agreement that it would not contest your eligibility for unemployment insurance.
Re: Severance and Final Pay release
If you are not paid within 24 hours after lay off, you are entitled to interest and penalties on the money due. Offering the agreement does not change that rule. Negotiate the issue as part of the package.
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