Last Paycheck Laws: When Do I Get a Paycheck After Leaving a Job?

Federal law establishes a minimum rule. State laws vary on how soon your employer must pay you after you leave your job.

Employers who break these rules usually do so out of ignorance. But they'll still face stiff penalties for noncompliance.

This article explains when to expect your final paycheck after leaving your employer and what to do if your former employer disregards the law. If you need help with final paycheck laws, talk to an attorney about unpaid wage claims.

State and Federal Last Paycheck Laws in General

The federal law that governs wages and hours is the Fair Labor Standards Act (FLSA). This law, enforced by the U.S. Department of Labor (DOL), governs issues with employee pay. The FLSA offers protection to most Americans.

There are three ways you can fall under the umbrella of the FLSA:

• You work for a company that has annual sales of at least $500,000
• You work for a company in the health care or education sector
• Your work involves interstate commerce

Even if you don't meet the first two qualifications, there's a good chance you meet the third one. It's hard to find a business that doesn't engage in interstate commerce today.

Most states have laws mandating how soon a departing employee must get their final wages. In states without these laws, federal law requires employers to issue a departing employee's final paycheck before the next regular payday for the last pay period.

Other states have laws forcing companies to pay unpaid wages to departing employees on the next payday. This is in alignment with. Some states mandate that companies issue an employee's final pay upon discharge (or on the next business day).

Will I Get My Last Paycheck if I Quit?

Yes, your employer must pay you for time worked even if you quit.  Your boss can’t keep your wages just because you quit at an inconvenient time or without notice.

Many state laws carve out final paycheck deadlines for employees who quit. This means you might not get a check on your last day of work. You may need to wait for a few days or until the next payday depending on the law.

In a few states, the timing can vary by whether an employee gives advance notice of quitting. For example, Oregon requires immediate payment on the employee’s last day if they gave 48 hours’ notice. But if the employee quit without notice, the final check is due within five business days.

State Laws on Employees' Paychecks

If you've quit your job or your company fires you, your former employer may have to pay you sooner than the next regular pay period. How soon after your last day do you get your check? It depends on state laws.

Below are examples of state laws establishing deadlines for payment of wages to a terminated employee:

• California: Employers must immediately give employees their final check for wages if they fire them. They have 72 hours to provide your last check if you quit.
• District of Columbia: The employer must issue the final check on the next business day if the company fires you or on the next payday if you leave. If the next payday is more than seven days away, the company must issue a check by the seventh day.
• Illinois: Former employees' must get their final checks on the next regularly scheduled payday, regardless of whether their employer let them go or they quit.
• Massachusetts: Employers must pay employees immediately if they get fired and on the next scheduled payday (or on the Saturday following your resignation if there is no planned payday) if they quit.
• Texas: A company must give employees their final check within six calendar days if they fired them and on the next payday if they quit.

What About Overtime Pay and Unused Vacation Time?

Whether your employer has to pay you unused sick or vacation time depends on two things. First, it depends on the laws in your state. Some states force companies to pay earned time off to employees when they fire them or when they quit.

It also depends on your company's policy. You'll receive a copy of the employee handbook when you start your job. This will contain the company's policies and procedures on what happens to your benefits when you leave the firm.

Most employers have new workers sign a disclaimer stating they understand they will not get vacation or sick pay when they leave.

What Can I Do If My Boss Doesn’t Give My Last Paycheck?

After checking the deadline under your state law, the first step is contacting the employer. Provide notice that you have not received your final check. In many cases, this step can help employees avoid the hassle of further legal action.

The employer then has a chance to fix the problem, but it must do so in a reasonable timeframe. Payment, whether by mail or direct deposit, should be prompt. Employers can’t avoid payment by delaying until an employee stops following up.

Employers can’t deduct from or withhold an employee’s wages past the time limit for the following examples:

• The employee had low performance while working
• The employee damaged company property
• The employee voluntarily quit
• A customer didn’t pay during a transaction with the employee
• The employer claims it can’t afford to pay

If your employer refuses to give your last paycheck in full, you may need to explore your legal options. You can report the employer for a labor law violation.

How To File a Complaint

If your former employer hasn't paid your outstanding wages on your regular payday after leaving a job, and you've failed to remedy the situation with your former employer, contact your local Department of Labor (DOL) Wage and Hour Division office to file a complaint. A DOL official will assist you with the process.

If you live in a state that mandates the issuance of last paychecks to departing employees, see FindLaw's State Labor Agencies directory and contact the appropriate office to file a complaint.

Call an Attorney for Help

Whether your employer fires you or you quit your job, you're entitled to your last paycheck. You should explore your legal options if you're still waiting for your last paycheck and the statutory deadline is past.

Get in touch with a local employment law attorney today.