DO I HAVE TO SIGN A TERMINATION CONTRACT (AFTER I QUIT) IN ORDER TO RECEIVE CHECK Utah

[makiley1]

Do I Have To Sign Termination Contract After I Quit In Order To Get Last Check, It Was Sent To Me In The Mail , Saying I Cannot Speak About My Employment With The Company , Or Work For A Competitor For 2 Yrs. Ect.

[rjc]

You quit ... now the employer is requiring you to sign an agreement/contract that is tantamount to a non-compete?

If that is the scenario, then the answer is no. The employer cannot make the payment of wages that are already legally due contingent on signing an agreement. Nevertheless, I would argue that such an agreement would be found invalid and unenforceable by a court even if you did sign it. Still, it is much simpler not to do so then deal with the legal hassle that would occur.

[patriot1123]

To add to that ... if the signature is being requested in exchange for payment that is not otherwise owed, such as severance pay where there is no promise or policy of paying it, then the request is legitimate.

[cyjeff]

Think of it this way... a non compete works the same as any other contract....both parties have to give and get for it to be valid.

If you are going to get additional monies that what you would be legally owed (severance, for instance) then it makes sense to sign it.

If they are only offering you your last owed paycheck, then tell them that if they do not send you the monies immediately you will be filing a grievance with the Department of Labor.

And tell that to them in writing.

[rjc]

Originally Posted by cyjeff

If you are going to get additional monies that what you would be legally owed (severance, for instance) then it makes sense to sign it.

cyjeff, can I assume you meant to say that it makes sense to sign it if the OP would get monies he/she was not otherwise legally owed?

Even so, I still think it not automatic, but rather would need to know how much other monies not legally owed the OP would receive.

[cyjeff]

oops... good catch

I meant to say , "you are going to get additional monies than what you would be legally owed"

Having a lawyer look over such a document is NEVER a bad idea.

[dkstaub]

If you did not have a written contract for a definite period and you quit, the wages earned and unpaid become due and payable on the next regular payday. If your employer holds it back beyond that, he is violating Utah law.

See Utah Code Section 34-38-5

[cyjeff]

While interesting, what does that have to do with her question if the OP should sign the noncompete?

[dkstaub]

Originally Posted by cyjeff

While interesting, what does that have to do with her question if the OP should sign the noncompete?

I'm sorry if I was opaque. What I was saying in too few words was that if the employer refuses to give the OP his/her final paycheck until he/she signs a non-compete, the employer can only hold the check until the next regular payday. After that, the employer not only has no right to hold the check hostage, he is violating Utah state law in doing so.

I personally would NEVER sign a non-compete, a release or any other "termination agreement" just to get a check I was entitled to receive. Yes, the consideration may be inadequate but do you want to have to defend yourself against a complaint based on an agreement admittedly signed by you? Sure you can argue your defenses. Why buy trouble?

I'd hand the employer a written demand for payment and if he didn't hand me the paycheck on the spot, I would go straight to the Labor Commission and file a wage claim.

If the employer wants anything, he needs to bargain for it with his own money, not with money that doesn't belong to him.