Can you job keep my last check because I refuse to sign a statement saying I quit?

Question

I was forced to quit my last job due to me being singled out and my hours cut. I had worked my tush off for this company for nearly a year and I was targeted and still don't know why. I will not sign a statment saying that I quit since I am trying to get unemployment (yes you can get it if you were forced to quit due to cut backs) and they aren't being nice about it. I have spoken to the place that deals with Labor Laws and they sent me paperwork to fill out if they refuse to give me my check due to that. Still I'd like to know what everyone else would do if you were in this situation, please no smart as* answers. I am doing my best to take care of a family and am looking for a new job and didn't do anything to deserve to have my hours cut.

I am actually entitled to possible unemployment even though I quit. There are certain things that can make you still eligable and due to the reason I quit, I am eligable ( I have already spoken with unemployment)

I am going to get my check today so we'll so find out. BTW the people from labor laws sent me paper work to fill out if they don't give me my check. It's apprently illegal for them to keep your check and if they don't give it to me they'll take measures to get it back. Just found this out. :)
Thanks.

Okay - here is the deal,
I am a mother of two with a severly ill husband who has a unfixable brain tumor and is partially paralyzed. I gave them no reason to cut my hours, I was always working when they called me in, always doing what they asked, working for those who didn't care to show up etc. I never asked for anything and didn't even get insurance though I needed it. I am the only one who has any income for my family and I lost my home due to my husbands illness and had to move in to a trailer that is 35 minutes away from my work. It costs me $100 dollars a week in gas just to get to work because they had me working seven days a week. When they cut me down to about 10 hours a week (which would have been probably 5 after they'd have sent me home early each day) It's silly to think that I'd have gone in and spent over the amount of my paycheck in gas. They knew I'd end up quiting and that's why they did it. I was told to my face I couldn't take anyone elses hours for any reason.

Answer 1

No way don't sign anything. since you did quit you might not be able to collect unemployment.
If you said they fired you then you would be able to. They have no right to hold your check. here in AZ the last check has to be issued with in 48 hours regardless if you quit or were fired.
good luck

Answer 2

How were you singled out? More importantly why? Unless it was an illegal reason then there's no case there. Second point, just because an employee at the unemployment office says you're approved does NOT mean you get paid. Once they approve it, it goes to the employeer to approve/deny. They can deny it if you quit or were fired. Both of those are grounds to deny an unemployment claim.

Until you tell us the basis of being singled out we have no way of knowing if it's legal or not.

As far as the check the time period and how it must be handed out is set by law and we'd need to know where in order to help you.

Finally there's no such thing as a "forced" quit. You either quit or are fired. If they gave you the option of quiting or being fired, YOU DECIDED TO QUIT.

We need a bit more info to tell you much more.

Answer 3

If you quit, you can't collect unemployment. So, don't sign. Fill out the forms to try to get your paycheck. The only benefit you'd get from signing the company form is an immediate paycheck--though they could reduce the pay for various reasons. If you can manage without that last paycheck, you'd be better off not signing. You'd be better off in any case. Get food stamps, if necessary to tide you over until a new job.

Answer 4

Actually they can hold back your last check because if they paid you for the limited number of days you worked in the month you left your job, they would run into trouble with their accounts. When auditors scrutinize your details the company will fall into trouble not having a resignation letter from you. This will force the auditors to think that the company has "black money" to pay you even when you didnt work for the whole month.

Answer 5

Apparently, you can't do that, if the labor board feels like they have case against your employer (I'm assuming that's the case, since they did send you the paperwork instead of telling you there is nothing they can do for you).
It sounds to me like you handled it the way I would have, a call to the labor board to find out what your rights are is usually a good step in a situation like this.Good luck!

Answer 6

First you can't be "forced to quit" you can be layed off and fired, but there is no forced quit.

If you quit, that is a voluntary act you do.

They will have to pay your last check, but I will assume it is currently pending your completely of paper work.

And merley having your hours reduced is not normally gounds to quit and I truely doubt if you will get any unemployment, ( not in my state anyway)

If you did not quit, then you were fired, if you quit, then you quit.
You really can't have it both ways.

Answer 7

If you have to sign, just sign they are making me sign this above your name and make a copy before you leave. Or Write I did not Over the words quit. Or just go in there grab your check and leave do not sign anything. Tell them they can talk to your lawyer and ask where they would like to have him call.

Answer 8

If it helps anyyone employing people, in the UK I found from experience that a company cannot keep a persons wages back for any reason, even a small portion and even if that person stole from you.

Answer 9

touch your community exertions & Industries (L& I). tell them of your concern and that they'll propose you of the main suitable plan of action based on your community exertions regulations, ect. you ought to be waiting to locate the huge sort on line or of direction in a telephone e book. There are often in maximum states i think regulation which shrink and reasoning for an company protecting tests.

Answer 10

They can't keep indefinitely, there's a time limit depending on where you live. Make a big enough stink and they'll give it over. Good luck.