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Chart: Final Paychecks for Departing Employees
Employers have to be ready with that final paycheck soon after an employee quits or is fired.
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 the attorney fees and legal costs the employee has to spend forcing the employer to comply.
Here is a rundown of state laws regarding the timing of final paychecks:
| Alabama | No statute |
| Alaska | If employee is fired: within three 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 three days or next payday, whichever is sooner. If employee quits: next payday. (Ariz. Rev. Stat. Ann. § 23-353.) |
| Arkansas | If employee is fired: within seven days. (Arkansas Code § 11-4-405.) |
| 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. If employee quits: next scheduled payday. (Colo. Rev. Stat. Ann. § 8-4-109.) |
| Connecticut | If employee is fired: next business day. 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 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, whichever is sooner. If employee makes a written request for earlier payment, within 48 hours of receiving request. If employee quits: next payday or within 10 days, whichever is sooner. If employee makes a written request for earlier payment, within 48 hours of receiving request.(Idaho Code §§ 45-606, 45-617.) |
| Illinois | If employee is fired: next scheduled payday. If employee quits: next scheduled 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 ten days after employee demands wages or provides an address where the check may be mailed. (Ind. Code §§ 22-2-9-2 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: immediately. If employee quits: next scheduled payday or the Saturday following the employee's resignation, if there is no scheduled payday. (Mass. Ann. Laws ch. 149 § 148.) |
| Michigan | If employee is fired: next payday. If employee quits: next payday. (Mich. Comp. Laws §§ 408.474, 408.475.) |
| Minnesota | If employee is fired: immediately. 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: immediately. (Mo. Ann. Stat. § 290.110.) |
| Montana | If employee is laid off or fired for cause: immediately. Employer may have 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. (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 to 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 5 days. If the employee is paid by task or commission, within 10 days. If employee quits: next payday. (N.M. Stat. Ann. §§ 50-4-4 and 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 the employee is paid by commission or bonus, next payday after amount calculated. If employee quits: next scheduled payday. If the employee is paid by commission or bonus, next payday after amount calculated. (N.C. Gen. Stat. § 95.25.7.) |
| North Dakota | If employee is fired: next payday or within 15 days, whichever is earlier. If employee quits: next payday. (N.D. Cent. Code § 34-14-03.) |
| Ohio | If employee quits: first of the month for wages earned in the first half of prior month; fifteenth of the month for wages earned in second half of prior month. (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 next business day. If employee quits: immediately if employee has given 48 hours' notice. Without notice, within five days or the next payday, whichever occurs first. (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 employee quits: next scheduled payday. (R.I. Gen. Laws § 28-14-4.) |
| South Carolina | If employee is fired: within 48 hours or next scheduled payday, but not more than 30 days. (S.C. Codified Laws § 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 regular 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: next pay period If employee quits: next pay period. (Wash. Rev. Code § 49.48.010.) |
| West Virginia | If employee is fired: within 72 hours. If employee quits: Immediately if employee has given one pay period's notice; otherwise, next regular 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: five business days. If employee quits: five business days. (Wyo. Stat. Ann. § 27-4-104.) |
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