Legal Question in Employment Law in California

Do I have to sign paperwork if I am being laid off

My company has laid me off due to the economic downturn and I am being pressured to sign paperwork. Do I have to?


Asked on 2/13/09, 12:58 pm

1 Answer from Attorneys

Arkady Itkin Law Office of Arkady Itkin

Re: Do I have to sign paperwork if I am being laid off

Generally, upon layoff an employer would ask an employee to sign the paperwork certifying that the employee has been paid his wages in full and/or release agreement in which the parties agree that the employee will not sue the employer (usually in exchange for some severance compensation).

The employer cannot force the employee to sign either agreement. Further, an employee has the right to review whatever document he/she is signing with independent counsel. In fact, a valid severance agreement and release should have a clause stating that an employee has a certain period of time to review the contract and discuss it with his/her own attorney.

Thanks,

Arkady Itkin

Attorney at Law

Sacramento/ San Francisco

www.sanfranciscoemploymentlawfirm.com

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Answered on 2/13/09, 4:07 pm


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