Most states require employers to give departing employees their final paychecks in fairly short order -- sometimes on their last day of work. In some states, these time limits vary depending on whether the employee quit or was fired. Some states require employers to pay out accrued, unused vacation days with the final paycheck; the chart below does not include these vacation pay rules.
Many employers break these laws out of ignorance. They assume that paying the employee on the usual payroll schedule is sufficient. But violating these laws -- even unwittingly -- can be costly. In some states, if an employer fails to pay a departing employee within the legal time limits, the employer may have to pay additional penalties, interest, and any attorneys' fees and legal costs the employee spends in forcing the employer to comply.
Below is a rundown of state laws regarding the timing of final paychecks. Employers looking for policy language on final paychecks (and other issues that arise at the end of the employment relationship, such as benefits continuation and references) can find it in Create Your Own Employee Handbook, by Lisa Guerin and Amy DelPo (Nolo). Employees looking for information on your rights when a job ends can find it in Your Rights in the Workplace, by Barbara Kate Repa (Nolo).
| State | Final Paycheck Deadline |
| Alabama | No statute |
Alaska | If employee is fired: within three working days. If employee quits: next regular payday at least three days after employee gives notice. (Alaska Stat. § 23.05.140.) |
| Arizona | If employee is fired: within seven working days or next payday, whichever is sooner. If employee quits: next payday. (Ariz. Rev. Stat. Ann. § 23-353.) |
Arkansas | If employee is fired: next regular payday. If employee quits: next regular payday. |
California | If employee is fired: immediately. If employee quits: within 72 hours, or immediately if employee has given at least 72 hours' notice. (Cal. Lab. Code § § 201, 202, and 227.3.) |
Colorado | If employee is fired: immediately. (Within six hours of start of next workday, if payroll unit is closed; 24 hours if unit is offsite.) Employer decides method of delivery. If employee quits: next scheduled payday. (Colo. Rev. Stat. Ann. § 8-4-109.) |
Connecticut | If employee is fired: next business day after discharge. If employee quits: next scheduled payday. (Conn. Gen. Stat. Ann. § 31-71c.) |
Delaware | If employee is fired: next scheduled payday. If employee quits: next scheduled payday. (Del. Code Ann. tit. 19, § 1103.) |
District of Columbia | If employee is fired: next business day. If employee quits: next scheduled payday or within seven days, whichever is sooner. (D.C. Code § 32-1303.) |
Florida | No statute |
Georgia | No statute |
Hawaii | If employee is fired: immediately, or next business day if conditions prevent immediate payment. If employee quits: next scheduled payday, or immediately if employee gives one pay period's notice. (Haw. Rev. Stat. § 388-3.) |
| Idaho | If employee is fired: next payday or within 10 days (excluding weekends & holidays), whichever is sooner. If employee makes a written request for earlier payment, within 48 hours of receiving request (excluding weekends & holidays). If employee quits: next payday or within 10 days (excluding weekends & holidays), whichever is sooner. If employee makes a written request for earlier payment, within 48 hours of receiving request (excluding weekends & holidays). (Idaho Code § § 45-606, 45-617.) |
| Illinois | If employee is fired: at time of separation if possible, but no later than next payday. If employee quits: at time of separation if possible, but no later than next payday. (820 Ill. Comp. Stat. 115/5.) |
| Indiana | If employee is fired: next scheduled payday. If employee quits: next scheduled payday. If employee has not provided a forwarding address, employer may wait until 10 days after employee demands wages or until employee provides an address where the check may be mailed. (Ind. Code § § 22-2-9-1 and 22-2-5-1.) |
| Iowa | If employee is fired: next scheduled payday. If employee quits: next scheduled payday. (Iowa Code Ann. § 91A.4.) |
| Kansas | If employee is fired: next scheduled payday. If employee quits: next scheduled payday. (Kan. Stat. Ann. § 44-315.) |
| Kentucky | If employee is fired: next scheduled payday or within 14 days, whichever is later. If employee quits: next scheduled payday or within 14 days, whichever is later. (Ky. Rev. Stat. Ann. § 337.055.) |
| Louisiana | If employee is fired: next payday or within 15 days, whichever is earlier. If employee quits: next payday or within 15 days, whichever is earlier. (La. Rev. Stat. Ann. § 23:631.) |
| Maine | If employee is fired: next scheduled payday or within two weeks after demand, whichever is earlier. If employee quits: next scheduled payday or within two weeks after demand, whichever is earlier. (Me. Rev. Stat. Ann. tit. 26, § 626.) |
| Maryland | If employee is fired: next scheduled payday. If employee quits: next scheduled payday. (Md. Lab. & Emp. Code Ann. § 3-505.) |
| Massachusetts | If employee is fired: day of discharge. If employee quits: next payday. If no scheduled payday, then the following Saturday. (Mass. Ann. Laws ch. 149 § 148.) |
| Michigan | If employee is fired: next payday. If employee quits: next payday. (Mich. Comp. Laws § § 408.474 and 408.475.) |
| Minnesota | If employee is fired: immediately upon demand by employee. If employee quits: next payday. If payday is less than five days after last day of work, employer may pay on the following payday or 20 days after last day of work, whichever is earlier. (Minn. Stat. § § 181.13 and 181.14.) |
| Mississippi | No statute |
| Missouri | If employee is fired: day of discharge. (Mo. Ann. Stat. § 290.110.) |
| Montana | If employee is laid off or fired for cause: immediately, unless employer has a written policy extending this time to the next payday or within 15 days, whichever is earlier. If employee quits: next payday or within 15 days, whichever is earlier. (Mont. Code Ann. § 39-3-205.) |
| Nebraska | If employee is fired: next scheduled payday or within two weeks, whichever is earlier If employee quits: next payday or within two weeks, whichever is earlier. (Neb. Rev. Stat. § 48-1230.) |
| Nevada | If employee is fired: immediately. If employee quits: next scheduled payday or within seven days, whichever is earlier. (Nev. Rev. Stat. § § 608.020 and 608.030.) |
| New Hampshire | If employee is fired: within 72 hours. If employee is laid off, employer may wait until the next payday. If employee quits: next scheduled payday, or within 72 hours if employee gives one pay period's notice. (N.H. Rev. Stat. Ann. § 275:44.) |
| New Jersey | If employee is fired: next scheduled payday. If employee quits: next scheduled payday. (N.J. Stat. Ann. § 34:11-4.3.) |
| New Mexico | If employee is fired: within five days. If employee quits: next payday. (N.M. Stat. Ann. § § 50-4-4, 50-4-5.) |
| New York | If employee is fired: next scheduled payday. If employee quits: next scheduled payday. (N.Y. Labor Laws § 191.) |
| North Carolina | If employee is fired: next scheduled payday. If employee quits: next scheduled payday. (N.C. Gen. Stat. § 95.25.7.) |
| North Dakota | If employee is fired: next payday. If employee quits: next payday. (N.D. Cent. Code § 34-14-03.) |
| Ohio | If employee is fired or quits: next scheduled payday. (Ohio Rev. Code Ann. § 4113.15.) |
| Oklahoma | If employee is fired: next scheduled payday. If employee quits: next scheduled payday. (Okla. Stat. Ann. tit. 40, § 165.3.) |
| Oregon | If employee is fired: end of first business day after termination. If employee quits: immediately, if employee has given 48 hours' notice (excluding weekends & holidays). Without 48 hours' notice, within five days or the next payday, whichever occurs first (must be within five days if employee submits time records to determine wages due). (Or. Rev. Stat. § 652.140.) |
| Pennsylvania | If employee is fired: next scheduled payday. If employee quits: next scheduled payday. (43 Pa. Cons. Stat. Ann. § 260.5.) |
| Rhode Island | If employee is fired: next scheduled payday. If termination is due to merger, relocation, or liquidation of business, within 24 hours. If employee quits: next scheduled payday. (R.I. Gen. Laws § 28-14-4.) |
| South Carolina | If employee is fired or quits: within 48 hours or next scheduled payday, but not more than 30 days. (S.C. Code Ann. § 41-10-50.) |
| South Dakota | If employee is fired: next payday or when employee returns employer's property. If employee quits: next payday or when employee returns employer's property. (S.D. Codified Laws § § 60-11-10 and 60-11-14.) |
| Tennessee | If employee is fired: next scheduled payday or within 21 days, whichever is later. If employee quits: next scheduled payday or within 21 days, whichever is later. (Tenn. Code. Ann. § 50-2-103.) |
| Texas | If employee is fired: within six days. If employee quits: next payday. (Texas Code Ann., Labor § 61.014) |
| Utah | If employee is fired: within 24 hours. If employee quits: next scheduled payday. (Utah Code Ann. § 34-28-5.) |
| Vermont | If employee is fired: within 72 hours. If employee quits: next scheduled payday or, if no scheduled payday exists, the next Friday. (Vt. Stat. Ann. tit. 21, § 342.) |
| Virginia | If employee is fired: next scheduled payday. If employee quits: next scheduled payday. (Va. Code § 40.1-29.) |
| Washington | If employee is fired: end of next pay period. If employee quits: end of next pay period. (Wash. Rev. Code § 49.48.010.) |
| West Virginia | If employee is fired: next scheduled payday. If employee quits: next scheduled payday. (W. Va. Code § 21-5-4.) |
| Wisconsin | If employee is fired: next payday or within one month, whichever is earlier. If termination is due to merger, relocation, or liquidation of business, within 24 hours. If employee quits: next payday. (Wis. Stat. Ann. § 109.03.) |
| Wyoming | If employee is fired: next payday. If employee quits: next payday. (Wyo. Stat. Ann. § 27-4-104.) |
FAQs
How do I calculate my final salary? ›
Divide their annual salary by 52 to get their weekly pay. Then, divide their weekly pay by the number of days in their working week (so 5 if full time) to get their daily pay. Lastly, multiply their daily pay by the number of days worked since the end of the last pay period.
When should I be paid after resigning? ›You'll usually get your final pay on the date you are normally paid. For example, if you leave in the middle of the month but are normally paid at the end of the month, you'll probably get your final pay at the end of the month. Check with your employer if you're not sure.
What do you get paid when you leave a job? ›Your employer must pay you everything you're owed in your last pay packet, even if you've been dismissed. If you owe them money they might be able to take it from your pay. You'll usually get your last pay on the date you're normally paid.
What is considered last day of employment? ›Answer: Your last day of employment is the last day of service for which you earned salary. The date you receive payment is not considered; it is always the last day worked.
How do I calculate my last pay after resignation? ›- Start by computing for your annual pay by following this formula: Annual pay = Monthly pay x 12 (number of months in the year)
- Get your daily pay by following this formula: Annual Salary / Number of working days per year (can be 261, 313, or 365)
- Determine number of pay periods they have in a year.
- Divide their salary by the number of pay periods to determine the amount they make each pay period.
- Multiply this figure by the number of pay periods they're owed back pay for.
Generally, upon resignation or dismissal, an employee is entitled to be paid the notice pay where applicable, salary up to last day worked, plus any outstanding leave pay.
Can employer hold salary after resignation? ›Answers (1) Hi, as per the Labour Law no one can hold the salary for the days of work that you have rendered to your organization. The salary should be paid accounting till the last working day irrespective of the salary payment date during the full and final settlement process on your exit.
Can employer withhold pay after resignation? ›Unfortunately it is also not possible to withhold the final salary or accumulated annual leave of such an employee unless it was agreed to. In other words the employer must still pay the employee even though he / she failed to serve notice and the employer as a result suffered damages.
What time of day is best to resign? ›Transitioning to a new position more easily: Resigning at the end of the day may give you some time to decompress afterward, which may be especially helpful if you have to finish tasks during another shift before officially leaving a position.
What means last day paid? ›
Last day paid means the most recent date for which the employee was paid earnings, including accumulated sick leave, other paid leave, vacation, compensatory time or worker's com- pensation temporary disability benefits which may result in the last day paid being subsequent to the date the employee last ren- dered ...
Is the effective date the last day of work? ›The effective date of employment shall be the first day the employee is actively at work.
How is separation pay calculated 2022? ›Separation pay, explained
Depending on the authorized cause of termination, separation pay should be equivalent to either one-half (1/2) month or one (1) month pay for every year of service, a fraction of at least six (6) months is considered one (1) whole year.
According to the Department of Labor and Employment (DOLE), back pay (otherwise known as last pay or final pay) refers to the total monetary compensation that an employer must pay a former employee, regardless of the cause of separation from the company.
What is the difference between backpay and final pay? ›Last pay refers to salaries and benefits already earned, but have yet to be received. Back pay is a penalty awarded to the employee and paid by erring employees because they violated the employee's rights to due process; and.
What does a company owe you when you resign? ›As noted in #5 above, California requires that your employer pay all of your final wages no later than 72 hours after quit, or at the time you quit if you gave 72 hour advance notice of quitting.
What does your employer owe you when you quit? ›Your employer must pay any outstanding wages
Regardless of whether you notify your employer ahead of time that you're quitting, your employer must pay all wages owed to you through your last day of work. This includes annual vacation pay, statutory holiday pay, and overtime.
Comply with final pay laws.
However, if the employee who resigns provides at least 72 hours of notice, final pay is due on the employee's last day. Additionally, depending on your state, you may be required to include accrued, unused vacation and paid time off (PTO) in the employee's final pay.
- Give notice in a sloppy or unprofessional way.
- Leave your desk in disarray.
- Talk about how happy you are to be leaving.
- Leave projects unfinished.
- Badmouth your company or your boss.
- Take anything that isn't yours.
- Share the news in the wrong order.
Resigning on Monday or Tuesday is for your boss' benefit. Resigning on Friday may deflate his/her weekend. Also, your boss will be in a better business frame of mind on Monday and will be able to use the whole week to begin making plans for handling your business.
Which month is best to resign a job? ›
January is often touted as the 'best' month to resign.
Is a 2 week notice 10 or 14 days? ›What is two weeks' notice? Like the term implies, putting in your two weeks' notice means you're informing your current employer that you'll be leaving your job, typically at least 10 business days in advance.
Do you work the day you resign? ›The legal definition of resign is "to terminate at the initiative of the employee before standard retirement time." A person's employment is terminated at the very moment they resign. Thus, the resignation date is the when the termination of their employment happens and thus the day after their last working day.
When your boss says you are not a good fit? ›If employers say someone isn't a good fit, they typically mean either their skills, interests or personality differs from what's expected for the role. Most employers use the interview process of a job search to evaluate both the qualifications and the fit of potential employees.
What is the best reason for resignation? ›Some good reasons for leaving a job include company downturn, acquisition, merger or restructuring as well as the desire for change — be it advancement, industry, environment, leadership or compensation. Family circumstances may also be a factor.
Is termination date last day worked or first day not worked? ›An employee's last day of work is often the termination or separation date.
Does Job closing date include the day? ›A job ad closing date generally indicates the last day a company will accept applications for an open position.
Is the retirement date the last day of work or first day not working? ›If you're retiring from active work (rather than deferred status), your Retirement Date should be the day after your last day of work or leave that's a normal work day for you. Your last day of work should also not be a holiday.
Can last working day be Sunday? ›Consider it as one month worked and pay accordingly. Last working day can be any day.
How do you calculate effective date of termination? ›Generally, the Effective Date of Termination is either, at the end of the notice period, on the date of a summary dismissal (without notice) or, on the expiry of a fixed term contract.
Should fire an employee at the end of the day? ›
The argument for doing it at the end of the day is that the person can pack up their things and leave in peace, without a lot of questions or awkward conversations with colleagues. The argument for doing it in the middle of the day is that many people will be at lunch and comings and goings aren't unusual then.
Does termination affect future employment? ›The fact that you were fired isn't the deal breaker — it's how you handle it that is. Believe it or not, prospective employers don't look as negatively on candidates who have been fired from jobs as they do on candidates who have voluntarily quit jobs.
Is closing date the same as effective date? ›The closing date refers to the date when a company purchase and sale transaction is signed off and completed. This date may be different than the effective date, which is the date when the transaction is deemed to have occurred. Most of the time, the closing and effective date of a transaction is the same day.
Is your hire date the day you start? ›Hire date is normally the date when an employee first completes his or her new hire paperwork. In most companies today, this process begins online before someone comes to the office for an official 'first day.
Is date of hire the day you start work? ›While the start date is generally agreed on when the new hire receives their job offer, it is not uncommon for that date to be pushed either forward or back due to unforeseen circumstances. The actual start date refers to the date the new hire ends up starting work, regardless of the anticipated start date.
Is it better to retire on the last day of the month or the first day of the month? ›Is it better to retire at the beginning or end of the month? Retiring on the last day of the month is typically the best option. This enables you to collect all your paychecks during this period. You can also benefit from collecting any holiday pay that might be offered by your employer for that month.
Why is it best to retire at the end of the month? ›For example, if you retire June 10th then your pension will start July 1st. And if you retire on June 30th then your pension will still start on July 1st. Because of this it may make sense to retire toward the end of the month so there is less of a gap between your paychecks and retirement income.
What is the best month to retire in 2022? ›December 31st is always a popular retirement date, but this year, 2022, it's especially popular – because this year December 31st is also the last day of a pay-period, and last day of the month, and the last day of the leave year – a trifecta!
Is it better to quit on a Monday or Friday? ›Resigning on Monday or Tuesday is for your boss' benefit. Resigning on Friday may deflate his/her weekend. Also, your boss will be in a better business frame of mind on Monday and will be able to use the whole week to begin making plans for handling your business.
Does your last day have to be a Friday? ›Short answer: Really, it's only convention that people give their notice and terminate on a Friday. I've seen people give notice any other day of the week and finish two weeks later. It's more usual for commencement days to be a Monday, but exit interviews and so on can be conducted on any day of the week.
Do you have to quit on a Friday? ›
You should give your two weeks' notice on a Friday.
This isn't a rule that's set in stone, it's just a good way to ensure that your last day will be on a Friday. However, giving your notice on a Monday is also a common thing to do.