Can I cash a partial check or will it forfeit my right to pursue the remaining wages

UPDATED: Oct 2, 2022

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Can I cash a partial check or will it forfeit my right to pursue the remaining wages

My wife I was told by her employer that they did
not believe the number of hours on the payroll
to be accurate and was given less than half the
amount of what her check should have been and
then immediately terminated if we cash the
paycheck they gave her that is a very minimal
amount will it forfeit our ability to pursue a
lawsuit for the remainder of the wages and
wrongful termination

Asked on September 10, 2019 under Employment Labor Law, Idaho


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Cashing a partial payment of your claim only gives up the rest of the claim if to get the check, you were required to sign a document stating that the amount you are receiving is full satisfaction of your claim or is all that you are owed (or something to that effect). If you do sign such a document or agreement, you contractually give up your right to pursue more money, but if you don't sign something like that, you have not given up the claim and may pursue the remaining balance.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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