Legal Question in Employment Law in New Jersey

under NJ law, if an at will employee is laid off, does he/she legally have to sign a termination agreement to have accrued vacation pay and expenses paid? Is he/she required by law to sign it at all if there is no contract, just an offer letter? Thanks so much.


Asked on 3/18/11, 2:38 pm

1 Answer from Attorneys

John Corbett Corbett Law Firm LLC

An employee is not required to sign a termination letter to get what is already due to the employee. That would certainly include reimbursement for expenses that the employee has incurred. It also includes any back wages or salary. It might also include severance pay if there is a written policy that make the severance an entitlement (even absent a contract). Similar principles apply to vacation pay. If they have been "earned" in the sense that there is an existing entitlement to the vacation, the vacation pay may be due even if the termination letter is not signed. The place where employers usually succeed in having terminated employees sign termination letters is where severance pay is an issue. To see how these principles apply to your situation, have a lawyer review the documents.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 3/18/11, 9:47 pm


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