Additional information: My former employer just sent me a check and marked “Final payment” in the memo. I believe my employer owes me more than the amount it sent me. If I deposit the check, do I waive my right to sue my employer?
Attorney Answer: No. A case decided by the Supreme Judicial Court in 2012 answered that question. As long as you have not signed a formal “release” of the employer from liability for unpaid salary/commissions, you can deposit the check and still bring a lawsuit against the employer.