Legal Question in Employment Law in New Jersey

My employer is threating to withhold my last paycheck unless I sign a new non-compete that is more detailed than the one I signed when I started. I was only with the company for 2 1/2 months and it was not working out so I went in and told them I was resigning and giving two weeks and they said that 2 weeks notice was not required. They then asked me for a resignation letter and I sent them a basic resignation letter. Then two weeks after I left they send me an email with a resignation letter and non-compete combined saying I need to sign it or I they will withhold my final paycheck. I left on April 28, 2010 and it is know May 19, 2010 adn I have not received my final paycheck. I would like to know if I have any recourse against them.


Asked on 5/19/10, 3:26 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Your former employer cannot withhold any pay because you decline to sign a new agreement. It is possible for a company to withhold severance pay conditional on a separation agreement being signed, but it is not lawful for an employer to hold pay that has been earned for more than fifteen days. � Sometimes a letter from a lawer will work. � My firm handles matters of this type. If I can be of further help to you, call or email. � See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 5/24/10, 9:29 pm


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