Final Pay Upon Termination

Most states require employers to give departing employees their final paychecks within a short period – sometimes on their last day of employment. Some states have different time limits depending on whether the employee resigned or was fired.

Many employers break these laws out of ignorance. The assumption is that the employee will be paid according to the usual payroll schedule. Even unintentionally violating these laws can be costly. The employer may be liable for additional penalties, interest, attorneys’ fees, and legal costs if it fails to pay a departing employee within the legal deadline.

When Should I Get My Final Paycheck If I Am Fired?

A state’s laws govern when an employee gets their final paycheck, so you must check what your state’s laws say about an exact date. Most states require that you be paid very close to your termination date.

Many states, including California, say that an employer is required to give their employee her final paycheck, including any additional compensation, such as compensation for unused vacation days, on the day they have been terminated.

Employers should be aware of these laws. There can be consequences if your former employee calls you on breaking these laws. Many employers break these laws out of ignorance. Often, if you violate state final paycheck laws, you will be liable for a former employee’s attorney’s fees and court costs.

Does It Matter Whether I Was Fired or Laid Off?

The law may differ if you were laid off instead of being fired. When an employee is laid off, the employer may allow the employee to return to work at some future date.

Suppose the employer guarantees that the employee will be able to come back and gives a definitive future date for restarting employment. In that case, many states require the final paycheck to be distributed during the regular pay period.

If there is no guarantee of future employment, the employer usually has to distribute the last paycheck within a few days of the employee’s last work day.

When Should I Receive My Last Paycheck if I Quit My Job?

You will need to check state law for a precise date, but normally local statutes require that an employee who gave prior notice of quitting (at least 2-3 days in advance) is entitled to receive their last paycheck on the last day of employment.

The employer must provide the last paycheck within a few days of the employee’s last day of work if the employee provided no notice.

Alabama
No statute

Alaska

• If an employee is fired: within three work days.
• If an employee quits: the next regular payday (at least three days after the employee gives notice) (Alaska Stat. § 23.05.140.)

Arizona

• If the employee is fired: within seven working days or on the next payday, whichever comes first.
• If the employee quits: next payday. (Ariz. Rev. Stat. Ann. § 23-353.)

Arkansas

• If an employee is fired: next regular payday.
• If the employee quits: next regular payday.

California

• If the employee is fired: immediately.
• If an employee quits: within 72 hours, or immediately if 72 hours’ notice has been given. (Cal. Lab. Code § § 201, 202, and 227.3.)

Colorado

• If an employee is fired: immediately. (Within six hours of the start of the next workday if the payroll unit is closed; within 24 hours if the unit is offsite.) The employer determines the method of delivery.
• If an employee quits: next scheduled payday. (Colo. Rev. Stat. Ann. § 8-4-109.)

Connecticut

• If an employee is fired: the next business day.
• If an employee quits: next scheduled payday. (Conn. Gen. Stat. Ann. § 31-71c.)

Delaware

• If an employee is fired: next scheduled payday.
• If the employee quits: next scheduled payday. (Del. Code Ann. tit. 19, § 1103.)

District of Columbia

• If an employee is fired: next business day.
• If an employee quits: within seven days of the next scheduled payday. (D.C. Code § 32-1303.)

Florida
No statute

Georgia
No statute

Hawaii

• If an employee is fired: as soon as possible, or the next business day if conditions prevent immediate payment.
• If an employee quits: on the next payday, or immediately if the employee gives one pay period’s notice. (Haw. Rev. Stat. § 388-3.)

Idaho

• If an employee is fired: next payday or within ten days (excluding weekends & holidays), whichever is sooner. An employee may request earlier payment in writing within 48 hours of receiving the request (excluding weekends and holidays).
• If an employee quits: next payday or within ten days (excluding weekends & holidays), whichever is sooner. The employee must make a written request for early payment within 48 hours of receiving the request (excluding weekends and holidays). (Idaho Code § § 45-606, 45-617.)

Illinois

• If an employee is fired: as soon as possible, but no later than the next payday.
• If an employee quits: immediately after separation, but no later than the next payday. (820 Ill. Comp. Stat. 115/5.)

Indiana

• If an employee is fired: next scheduled payday.
• If an employee quits: next scheduled payday. Unless the employee has provided a forwarding address, the employer may wait for ten days after the employee demands wages or until the employee provides an address where the check may be mailed. (Ind. Code § § 22-2-9-1 and 22-2-5-1.)

Iowa

• If the employee is fired: next scheduled payday.
• If the employee quits: next scheduled payday. (Iowa Code Ann. § 91A.4.)

Kansas

• If the employee is fired: next scheduled payday.
• If the employee quits: next scheduled payday. (Kan. Stat. Ann. § 44-315.)

Kentucky

• If the employee is fired: within 14 days of the next scheduled payday.
• If an employee quits: within 14 days of the next scheduled payday. (Ky. Rev. Stat. Ann. § 337.055.)

Louisiana

• If an employee is fired: on the next payday or within 15 days.
• If an employee quits: within 15 days of the next payday. (La. Rev. Stat. Ann. § 23:631.)

Maine

• If an employee is fired: within two weeks after demand or the next scheduled payday.
• If an employee quits: within two weeks of demand or the next scheduled payday. (Me. Rev. Stat. Ann. tit. 26, § 626.)

Maryland

• If an employee is fired: next scheduled payday.
• If an employee quits: next scheduled payday. (Md. Lab. & Emp. Code Ann. § 3-505.)

Massachusetts

• If an employee is fired: the date of discharge.
• If an employee quits: next payday. If there is no scheduled payday, then the following Saturday. (Mass. Ann. Laws ch. 149 § 148.)

Michigan

• If an employee is fired: next payday.
• If an employee quits: next payday. (Mich. Comp. Laws § § 408.474 and 408.475.)

Minnesota

• If an employee is fired: Immediately upon the employee’s request.
• If an employee quits: next payday. The employer may pay on the following payday or 20 days after the last day of work if the payday is less than five days after the last day of work. (Minn. Stat. § § 181.13 and 181.14.)

Mississippi
No statute

Missouri

• If an employee is fired: day of discharge. (Mo. Ann. Stat. § 290.110.)

Montana

• If an employee is laid off or fired for cause: as soon as possible unless the employer has a written policy extending this time to the next payday or within 15 days.
• If an employee quits: within 15 days of the next payday. (Mont. Code Ann. § 39-3-205.)

Nebraska

• If an employee is fired: within two weeks of the next scheduled payday
• If an employee quits: within two weeks or the next payday. (Neb. Rev. Stat. § 48-1230.)

Nevada

• If an employee is fired: immediately.
• If an employee quits: within seven days of the next scheduled payday. (Nev. Rev. Stat. § § 608.020 and 608.030.)

New Hampshire

• If an employee is fired: within 72 hours. Employers may wait until the next paycheck if an employee is laid off.
• If an employee quits: on the next payday or within 72 hours if the employee gives one pay period’s notice. (N.H. Rev. Stat. Ann. § 275:44.)

New Jersey

• If an employee is fired: next scheduled payday.
• If an employee quits: next scheduled payday. (N.J. Stat. Ann. § 34:11-4.3.)

New Mexico

• If an employee is fired: within five days.
• If an employee quits: next payday. (N.M. Stat. Ann. § § 50-4-4, 50-4-5.)

New York

• If an employee is fired: next scheduled payday.
• If an employee quits: next scheduled payday. (N.Y. Labor Laws § 191.)

North Carolina

• If an employee is fired: next scheduled payday.
• If an employee quits: next scheduled payday. (N.C. Gen. Stat. § 95.25.7.)

North Dakota

• If an employee is fired: next payday.
• If an employee quits: next payday. (N.D. Cent. Code § 34-14-03.)

Ohio

• If an employee is fired or quits: the next scheduled payday. (Ohio Rev. Code Ann. § 4113.15.)

Oklahoma

• If an employee is fired: next scheduled payday.
• If an employee quits: next scheduled payday. (Okla. Stat. Ann. tit. 40, § 165.3.)

Oregon

• If an employee is fired: by the end of the first business day following termination.
• If an employee quits: immediately if the employee has given 48 hours’ notice (excluding weekends & holidays). Without 48 hours’ notice, within five days or on the next payday (must be within five days if an employee submits time records to determine wages due). (Or. Rev. Stat. § 652.140.)

Pennsylvania

• If an employee is fired: next scheduled payday.
• If an employee quits: next scheduled payday. (43 Pa. Cons. Stat. Ann. § 260.5.)

Rhode Island

• If an employee is fired: next scheduled payday. Within 24 hours if termination is due to a merger, relocation, or liquidation.
• If an employee quits: next scheduled payday. (R.I. Gen. Laws § 28-14-4.)

South Carolina

• If an employee is fired or quits: no later than 48 hours or the next scheduled payday. (S.C. Code Ann. § 41-10-50.)

South Dakota

• If an employee is fired: on the next payday or when the employee returns the employer’s property.
• If an employee quits: on the next payday or when the employee returns the employer’s property. (S.D. Codified Laws § § 60-11-10 and 60-11-14.)

Tennessee

• If an employee is fired: the next scheduled payday or within 21 days.
• If an employee quits: the next scheduled payday or within 21 days. (Tenn. Code. Ann. § 50-2-103.)

Texas

• If an employee is fired: within six days.
• If an employee quits: next payday. (Texas Code Ann., Labor § 61.014)

Utah

• If an employee is fired: within 24 hours.
• If an employee quits: next scheduled payday. (Utah Code Ann. § 34-28-5.)

Vermont

• If an employee is fired: within 72 hours.
• If an employee quits: next scheduled payday or if no scheduled payday exists, the next Friday. (Vt. Stat. Ann. tit. 21, § 342.)

Virginia

• If an employee is fired: next scheduled payday.
• If an employee quits: next scheduled payday. (Va. Code § 40.1-29.)

Washington

• If an employee is fired: at the end of the next pay period.
• If an employee quits: at the end of the next pay period. (Wash. Rev. Code § 49.48.010.)

West Virginia

• If an employee is fired: payday after firing.
• If an employee quits: the next payday. (W. Va. Code § 21-5-4.)

Wisconsin

• If an employee is fired: next payday or within one month, whichever is earlier. Within 24 hours if termination is due to a merger, relocation, or liquidation.
• If an employee quits: next payday. (Wis. Stat. Ann. § 109.03.)

Wyoming

• If an employee is fired: next payday.
• If an employee quits: next payday. (Wyo. Stat. Ann. § 27-4-104.)

What Should I Do If I Don’t Get a Paycheck by the Required Due Date?

1. You should contact your former employer if you weren’t paid on time.
2. Complain to your state’s labor commissioner if your employer withholds your pay willfully.
3. An employment attorney may be able to help you. An experienced employment lawyer can help you recover your wages and any additional damages that may be available.