I have recently resigned from my job as a transportation associate due to being verbally abused by my boss. he informed me that he will not give me my last paycheck (this coming Friday) unless I sign a form stating that I will not speak of his behavior. I

I have recently resigned from my job as a transportation associate due to being verbally abused by my boss. he informed me that he will not give me my last paycheck (this coming Friday) unless I sign a form stating that I will not speak of his behavior. Is this legal? is he obligated to give me my pay? which is cash under the table

1 answer  |  asked May 8, 2019 2:53 PM [EST]  |  applies to Pennsylvania

Answers (1)

Harold Goldner
He cannot withhold your paycheck regardless of the nature of the conduct. The Pennsylvania Wage Payment Collection law requires that wages are paid within 2 weeks of when due, else the employer (and officers) are liable for the wages, liquidated damages, and counsel fees.

Your resignation will disqualify you from unemployment benefits unless you can show that you resigned for "necessitous and compelling reasons." Generally, if the harassment was based upon a protected classification (i.e. race, color, age - over 40, disability, religion, sex, national origin or family status), you may be able to show necessitous and compelling reasons (and may also have a claim for unlawful discrimination) but if it's just a case of your supervisor being what we call a "bosshole," then you will not have a legal remedy.

Courts don't operate as uber "human resources departments." They just enforce the laws as they exist.

posted by Harold Goldner  |  May 9, 2019 08:15 AM [EST]

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