Legal Question in Employment Law in California

I am going to give a 5 day notice of resignation to my employer who is embroiled in a Labor Board hearing with other ex employees. Can my employer make me sign anything other than the Employment department papers? Can he force me to sign a statement saying I will not testify against him etc etc before releasing me from employment? Can he "drag out" the 5 days to a longer period?


Asked on 8/25/14, 10:12 pm

1 Answer from Attorneys
Kristine Karila Law Office of Kristine S. Karila

No, your employer cannot "make" you sign anything. Whether you sign a document is a matter of choice. If you provide at least 72 hours' notice of quitting, your employer is required by law to have your final check, including any earned and unused vacation or PTO (not sick leave) available to you on your last day. If you quit and they fire you (it happens sometimes) they must provide your final check to you that day. If your final check is not timely, and willfully withheld, you are owed one day's pay for each day you have to wait to be paid - up to 30 days' and the law states that your employer "shall" pay your attorney to collect what is owed to you. Your employer cannot require you to sign anything to receive your check.

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Answered on 8/26/14, 12:48 pm


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