Termination Papers

Do I have to sign termination papers?

SANFORD A. KASSEL, A Professional Law Corporation | Signing Termination Papers

Before You Sign Termination Papers, Contact Employment Attorneys SANFORD A. KASSEL, A Professional Law Corporation; San Bernardino, California

NO, YOU DO NOT!  In fact, one should never sign anything without closely reviewing the language contained in any document. By signing termination papers (exit interview documents), you are likely waiving and giving up any potential wrongful termination claim. When you sign termination papers, you are agreeing with the reason given for your termination.

For example, if you sign termination papers stating you are being dismissed for showing up late to work, you are acknowledging that you agree by signing these papers; even if you believe you are being wrongfully terminated and unfairly singled out because of your race, sexual-orientation, gender, religious beliefs, or for being a whistle-blower.

Withholding A Final Paycheck

Many employers threaten to not provide the final paycheck unless the employee signs the exit interview/termination papers/release. This is unlawful!

It is illegal for an employer to withhold pay if you don’t sign termination papers, release, or exit interview.


“An employer shall not require the execution of a release of a claim or right on account of wages due, or to become due, or made as an advance on wages to be earned, unless payment of those wages has been made. A release required or executed in violation of the provisions of this section shall be null and void as between the employer and the employee. Violation of this section by the employer is a misdemeanor.” [Lab.C. § 206.5(a); see Woods v. Fox Broadcasting Sub., Inc. (2005) 129 CA4th 344, 357, 28 CR3d 463, 474].

“In case of a dispute over wages, the employer shall pay, without condition … all wages, or parts thereof, conceded by him to be due, leaving to the employee all remedies he might otherwise be entitled to as to any balance claimed.” [Lab.C. § 206(a).

Also, California Labor Code Section 201 (a) is worth noting:

“If an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately.”


Know Your Legal Rights–Before You Sign

If a company provides you a release, you have to evaluate if you want what your employer is offering more than what they want you to give up.

For example, if it’s a layoff and you feel like you were chosen for any illegal reason (such as race, gender, pregnancy status, etc), then signing a release saying, “I won’t sue you!” could be a big deal. Even if you are not sure whether or not you are being terminated for an illegal reason, you should seek the advice of a reputable employment attorney.

Before signing anything given at the time of termination, you should seek the advice from a knowledgeable employment lawyer who specializes in wrongful termination and unpaid wages.

Contact the Local Employment Law Experts

At the San Bernardino Employment law office of SANFORD A. KASSEL, A Professional Law Corporation we pride ourselves in our 35+ years of experience fighting for employees. To learn more about, and protect, your legal rights, call 909-884-6451.

LEARN MORE ABOUT OUR EMPLOYMENT ATTORNEYS… LEARN MORE ABOUT OUR EMPLOYMENT ATTORNEYS…


 

Information to Help You with a Wrongful Termination Claim

Wrongful Termination Image

SANFORD A. KASSEL, A Professional Law Corporation: Southern California Wrongful Termination Lawyers 909.884.6451

Wrongful Termination cases are very complex and often extremely involved. Being unemployed is a very stressful and confusing time.

There are many factors to consider when making a claim for a Wrongful Termination. These types of difficult situations are best handled by the experts.

No two claims are the same, and there are often exceptions to every rule. You will need the expertise of a knowledgeable, and trusted Wrongful Termination Lawyer, to guide you through this complicated process.

An experienced Wrongful Termination Lawyer will take into consideration many issues, before deciding whether or not to file a claim on your behalf.

The legal team at SANFORD A. KASSEL, A Professional Law Corporation has the necessary skill, knowledge, and resources to build a convincing case, and see that you get the maximum compensation and benefits for your claim.

 
 
 
 

The following is a list of questions that may help you prepare for your initial interview with an attorney regarding a possible Wrongful Termination case:

 


 What was the length of time of employment?


 How were you paid for the work you did?


Hourly?


Salary?


Commission on Sales?


Other Form of Compensation?


 Was there a written employment agreement? If so,


Were there definite terms laid out in the agreement?


Do you have a copy of this agreement?


 What was the method of termination?


Resignation? If so, why did you quit?


Fired? If so, by whom?


Laid Off? If so, were you given a reason for the layoff?


 Was a reason given for termination? If so,


By whom?


 Were you given a “written” notice of termination? If so,


By whom?


How many days/weeks/months in advance?


Do you have a copy of the written notice?


 Were you given only a “verbal” notice of the termination? If so,


By whom?


Was it immediate?


How many days/weeks/months in advance?


 Were you given severance pay? If so,


How many days/weeks/months?


 Have you already filed a claim with the Labor Commissioner’s Office?


 

Possible Compensation for Your Claim

If you do have the basis for a Wrongful Termination action against your former employer, the following is a list of possible compensation and benefits that you may be entitled to:

 

Find Out If You Have a Wrongful Termination Claim

If you believe that you have been a victim of Wrongful Termination: (1) be prepared with documentation of the events that transpired; (2) don’t limit yourself by attempting to analyze what happened, on your own; and (3) SEEK THE ADVICE OF A QUALIFIED EMPLOYMENT LAW ATTORNEY IMMEDIATELY.

NOTE: Your case can be lost if it is not filed within the time provided by State and Federal Laws.

Contact the experienced Wrongful Termination Lawyers of SANFORD A. KASSEL, A Professional Law Corporation, today, for a FREE consultation. 909.884.6451  Our attorneys will evaluate all the facts, and provide you with a plan for the best course of action. We get results!

 

 

 

Can You Spot Age Discrimination in the Workplace?

Age Discrimination - AARP Quiz - iStock

Quiz: Can You Spot Age Discrimination in the Workplace?
Test your knowledge about legislation that protects older employees.
by Carole Fleck, AARP, June 2014. (Image Source: iStock)

Losing a job can be difficult for anyone, but it often provides special challenges for older workers. Individuals over 55 are likely to face long job hunt times in a tough economy. The ranks of older workers among the long-term unemployed have swelled of late. Many of them have lost their jobs in this economy, while others are finding it difficult to find new ones, and the harsh reality is their age is part of the reason. Age discrimination is viewed as an acceptable bias in many of the Nation’s workplaces and it has only worsened in this tough economy.

According to recent AARP research, 1 in 5 workers in the U.S. is 55 years of age, or older. 64% of workers say they have seen or experienced age discrimination in the workplace.

Age Discrimination - AARP Infographic

AARP: Age Discrimination Infographic

 

 

 

 

 

 

 

 

 

 

 

 

The Importance of Having a Trusted Age Discrimination Employment Attorney In Your Corner

The Age Discrimination in Employment Act of 1967 protects workers 40 and older from personnel decisions based solely on age in hiring, firing, layoffs, promotions or demotions. The act applies to employers with at least 20 workers. That law was weakened in 2009, advocates say, when a U.S. Supreme Court ruling made it more difficult for workers to prove age discrimination. The court ruled that the burden of proof was now on the worker to show that age was the deciding factor — rather than one of a number of factors, as previously held — in a dismissal, demotion or other adverse action.

 

If you have been a victim of Age Discrimination, you need to speak to an experienced and trusted Employment Attorney right away.  At SANFORD A. KASSEL, A Professional Law Corporation, we keep up with current State and Federal Laws affecting our age-discrimination clients’ cases. We work with a team of top-notch legal experts, to put together the most compelling case on your behalf. We always prepare each case as though it will go to trial in a court of law. We are trial attorneys, and if we can’t get you a top settlement offer, we will proceed to trial. We are widely respected among the legal community for being tenacious and always well prepared to go up against the opposition. We are zealous advocates for our clients, and will guide you carefully through every step of the litigation process. You will be working directly with one of our Employment Attorneys.