Is it a legal requirement to offer a

UPDATED: Sep 30, 2022

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Is it a legal requirement to offer a

I was under the assumption that I had been laid-off from my job. My employer then has sent correspondence that in order to receive my final paycheck, I must forfeit my

Asked on February 8, 2017 under Employment Labor Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, it is not standard practice: resignation is voluntary separation from employment ("quitting") and so unless you have voluntarily chosen to leave, you have not resigned. Do not sign the letter: if you do, you will be stating in writing that you resigned and so will not be eligible for unemployment benefits. (Leaving voluntarily means no unemployment.) You don't have to sign to receive your final paycheck: the law requires that you be paid for.all work you did, including your final check. If the employer will not pay you you, you could sue them, such as in small claims court as your own attorney or "pro se", for the money.

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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