Results 1 to 4 of 4
  1. #1

    Default Full Release of All Claims for Unpaid Overtime

    My question involves employment and labor law for the state of: Wisconsin

    I recently recieved a check from my previous employer compensating me for unpaid overtime. Short and simple, I was forced to come into work on my days off and not paid for it. They we're considered "mandatory classes" to make it seem like it was not work. I called the Wisconsin Department of Labor and they sent me pamphlets and forms to file a claim against my previous employer. In one of the pamphlets, it said that I legally had to ask for my unpaid overtime, so I did. My old employer sent me a check, which I cashed already. And also a Full Release of All Claims form which she asked me to sign for her records. Here is what it says:


    ACKNOWLEDGEMENT AND FULL RELEASE OF ALL CLAIMS

    KNOWN ALL BY THESE PRESENTS, that (my name) a single female, for and in consideration of the sum of (the amount she paid me), the receipt whereof is hereby acknowledged, do hereby for myself, my heirs, executors, administrators, succfessors and assigns and any and all other persons, forms, employers, corporations, associations or partnerships release, acquit and forever discharge (business name) of and from any and all claims, actions, causes of actions, demands, rights, damages, costs, wages, and expenses.

    It is understood and agreed that this settlement is in full compromise of any claim disputed or not, as to both questions of liability and as to the nature and extent of the claim, and that neither this release, nor the payment pursuant thereto shall be construed as and admission of anhy liability, such being completely denied.

    It is further understood and agreed that the undersigned relies wholly upon the undersigned's judgement, belief, and knowledge of the nature, extent, effect, and therefore and is made without reliance upon any statement or representation of the party or parties hereby released or their representatives.

    I HAVE READ THIS RELEASE AND UNDERSTAND IT

    Dated this ____ Day of ____, 2012

    Signed:___________________
    (my name)

    ______________________
    (previous employers name)





    My question is, is why did they send this to me after she sent the check? And, should I sign it and send it back? I would not need to sue them or file a claim since I already have the money I worked for. Any advice would greatly be appreciated, Thanks!

  2. #2
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Full Release of All Claims for Unpaid Overtime

    She couldn't send you this before she paid you because this is a document where you agree that you've received all the money you're supposed to receive. If she'd sent it to you before she sent you the money, then you wouldn't be able to truthfully sign it.

    Have you received all the money you believe you're owed? If you have, then I don't see why you wouldn't attest to that by signing the form.

  3. #3

    Default Re: Full Release of All Claims for Unpaid Overtime

    It does not appear you have any legal obligation or practical incentive to sign the release. In addition, if it is subsequently discovered that the employer owes you additional money for improperly withheld wages (e.g., as a result of a state DOL investigation), you would not want this release to stand in the way of the employer fully compensating you.

  4. #4

    Default Re: Full Release of All Claims for Unpaid Overtime

    that is what my concern was ESteele, I don't want to find out in the future that she owes me more compensation and not be able to receive it. I was just unsure if I was legally obligated to sign it and return it to the employer. Thank you for both the responses!

    1. Sponsored Links
       

Similar Threads

  1. Compensation and Overtime: Unpaid Overtime in Retail Management and Statute of Limitations
    By MsLC123 in forum Employment and Labor
    Replies: 5
    Last Post: 12-31-2010, 12:58 PM
  2. Repossession: Car Repo'd, I Paid in Full, Bank Delaying Release
    By leearmy28 in forum Cars and Dealerships
    Replies: 1
    Last Post: 05-14-2010, 08:58 PM
  3. Medical Malpractice: Physician Won't Release Me to Return to Work Until Bill is Paid in Full
    By seaulooken in forum Malpractice Law
    Replies: 1
    Last Post: 06-03-2009, 11:55 PM
  4. Compensation and Overtime: Unpaid Wages and Overtime
    By Sintoku in forum Employment and Labor
    Replies: 2
    Last Post: 03-26-2009, 06:55 PM
  5. Traffic Accidents: Release Of All Claims In Washington
    By jesara in forum Accidents and Injuries
    Replies: 2
    Last Post: 04-16-2007, 01:20 PM
 
 
Sponsored Links

Legal Help, Information and Resources