QUESTION

Employer will not pay after I got fired from work.

Asked on Oct 24th, 2012 on Employment Contracts - Illinois
More details to this question:
I was fired from work and I didn't get paid. My ex employer said I will not receive my checks until I sign a paper that says I will not talk about the business and what I saw or hear during the time i worked for him. Can he do that? Or is that something that should be signed when i started to work for him. For now I refused to sign it until I gather more information about that. I also have to point out he was treating me with a emigration as I'm a illegal emigrant.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
When you say that you were not paid, are you referring to money that you had already earned prior to being fired or severance pay?  If you are owed the money for work you had already performed before termination, your employer must pay you, and (assuming you had not previously committed to do this, in an employment agreement for example) cannot require you to do anything else as a condition of being paid.  In most states, there are very serious consequences for an employer who does not pay his employees.  However, if you are referring to money about which there is a genuine dispute such that the employer does not necessarily owe  it to you, or if it is money that the employer is offering as severance pay or in order to obtain a release of claims you may have, it can require you to sign a confidentiality agreement as a condition to receiving money.  In other words, if you are getting something to which you are not already entitled, the employer can require you to give up something (i.e. sign a confidentiality agreement) in order to receive it.  You should be aware that, even if you haven't signed a confidentiality agreement, you may be precluded from disclosing certain confidential information and trade secrets of your former employer.
Answered on Oct 25th, 2012 at 10:57 AM

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