I quit my job without notice, and my employer claims that it's impossible to have my check mailed to me.

Question

I quit my job without notice, and AZ law says I have the right to have my final check mailed to me by or before my next pay date. My employer claims I signed my right to this away during onboarding, and is trying to make me drive to the office and sign for my check. The alleged paperwork constitutes nothing more than a signature at the bottom of the page. Normally, when an employee with this company quits on good terms, their final check is sent through direct deposit, so I believe this may have been done in retaliation

James L. Arrasmith · Answer

Based on the information provided, here's an analysis of the situation: 
 
1. Arizona Labor Laws: 
 
Arizona labor laws require employers to pay final wages to employees who quit without notice by the next regular payday. The law also allows for the employee to request that their final paycheck be mailed to them. 
 
2. Employee Rights: 
 
Generally, an employee's right to receive their final paycheck in a timely manner and through a reasonable method (such as mail) is protected by state law. These rights typically cannot be waived through an employment contract or agreement. 
 
3. Employer's Claim: 
 
Your employer claims you signed away your right to have your check mailed during onboarding. However, it's important to note that: 
   a) Such a waiver may not be legally enforceable if it contradicts state labor laws. 
   b) A signature at the bottom of a page without clear, specific language about waiving this right may not constitute a valid waiver. 
 
4. Potential Retaliation: 
 
The fact that the company normally sends final checks via direct deposit for employees who quit on good terms, but is treating your case differently, could potentially be seen as retaliatory behavior. 
 
5. Next Steps: 
 
   a) Request a copy of the document you allegedly signed waiving your right to have your check mailed. 
   b) If the document doesn't clearly state this waiver, or if you believe it may not be legally enforceable, you can file a complaint with the Arizona Industrial Commission's Labor Department. 
   c) Inform your employer in writing that you are exercising your right under Arizona law to have your final paycheck mailed to you. 
   d) If the employer continues to refuse, you may want to consult with an employment lawyer or contact the Arizona Attorney General's Office for further guidance. 
 
Remember, employers cannot legally withhold your final paycheck or make unreasonable demands for you to receive it. If you believe your rights are being violated, don't hesitate to seek legal advice or file a complaint with the appropriate state agency.

Q: I quit my job without notice, and my employer claims that it's impossible to have my check mailed to me.