Legal Question in Employment Law in Massachusetts
I'm being terminated from my employment on June 30th. I'm required to sign some confidentiality agreement by my employer. My final paycheck will be direct deposited as usual. I was promised a compensation package as well as any unused vacation time. They insist that I must physically sign their documentation and then they will mail my final severance to me. Can I demand these checks at the time I sign any paperwork?
1 Answer from Attorneys
At the time of termination, the employer is required to issue a final pay check including unused vacation pay. Severance packages can be paid as agreed upon between the parties. Before signing any agreements, I would have them reviewed by an attorney so you understand exactly what you are being restricted in doing. You have every right to ask that at the time of executiion of the agreement to give you a check for your severance. They are not required to do that, but they are required to give you by law a final paycheck which includes your vacation pay. The amount of the severance should be stated in writing and the timing for its payment and signed by a duly authorized representative of the company. They also need to give you a Cobra notice for health insurance and other benefits if they provide such things.