Final Paycheck Rights in the US: What You Are Owed and When
Your employer owes you every hour you worked, through your last day. When that check must arrive depends on your state, and on whether you quit or were let go. This guide covers the deadlines, what the check must include, which deductions are off limits, and how to collect wages you have not received.
When your last paycheck is due
Federal law sets the floor: wages are due by the next regular payday. Many states set earlier deadlines, and the deadline often changes depending on who ended the job.
You were fired or laid off
Some states require payment on your last day or within a few days after. Others allow the employer to wait until the next scheduled payday. The deadline is set by state law, so check your state before assuming you have to wait.
You quit with notice
Many states allow payment by the next scheduled payday. A few require it sooner when you gave notice. The exact deadline varies by state.
You quit without notice
The next scheduled payday is the common deadline. Some states give the employer a set number of days instead. Check your state's rule.
The deadline has passed
A late final paycheck is a wage violation. Some states add a daily penalty for each day the check is late. You can file a wage claim whether or not your state adds penalties.
What your final paycheck must cover
The final check is not just your base hours. Everything you earned through your last day is payable.
Every hour worked
Federal floor under the FLSA
All regular hours through your last day, including partial days and time spent on required tasks.
Overtime you earned
FLSA, for non-exempt employees
Time and a half for hours over 40 in a workweek if you are non-exempt. Unpaid overtime does not disappear when the job ends.
Accrued vacation or PTO
Varies by state
Some states treat unused vacation as earned wages and require payout. Others follow the company's written policy. Varies by state.
Earned commissions and bonuses
Check your written agreement
If you met the terms before leaving, the amount is generally still owed. Timing can follow the agreement's payment schedule.
Expense reimbursements
Company policy and state law
Approved business expenses you paid out of pocket, such as travel or supplies.
Deductions your employer cannot take
Employers can deduct taxes, benefits you chose, and court-ordered garnishments. Beyond that, the room is narrow. These deductions are restricted or banned in many states.
Withholding your entire paycheck because you did not return a laptop, uniform, or badge. Wages for hours worked are still owed.
Deducting for register shortages, breakage, or customer walkouts without your written consent. Many states restrict or ban this.
Deductions for costs that benefit the employer, such as uniforms or tools, when they push your pay below the federal minimum wage. The FLSA limits this.
Docking pay as a penalty for quitting without notice.
Keeping commissions you already earned because you no longer work there.
Charging you for training costs that were never in a signed agreement.
Any deduction you never agreed to in writing, beyond taxes, benefits you chose, and court-ordered garnishments.
5 steps to demand unpaid wages
Check your state's deadline
Search your state labor department's website for final paycheck rules. Note whether the deadline depends on quitting or being fired, and whether your state adds penalties for late payment.
Add up what you are owed
Count every unpaid hour, overtime, unused PTO where your state requires payout, earned commissions, and unreimbursed expenses. Keep payslips, timesheets, and your employment agreement as proof.
Send a written demand letter
State the amount, how you calculated it, and a date to pay by. Send it by email or certified mail so you have a record. A clear letter often resolves the issue, and becomes evidence if it does not.
File a wage claim with your state labor department
Free to file in most states. The department investigates and can order your employer to pay. For federal minimum wage or overtime violations, you can also contact the U.S. Department of Labor's Wage and Hour Division.
Consider small claims court
For smaller amounts, small claims court is a low-cost option and you do not need a lawyer. For larger amounts, an employment attorney can advise you. Some take wage cases on contingency.
Common questions about final paychecks
When is my final paycheck due if I was fired?
It depends on your state. Some states require payment on your last day or within a few days after. Others allow the employer to wait until the next scheduled payday. Check your state labor department's website for the exact deadline.
When is my final paycheck due if I quit?
Usually by the next scheduled payday, though some states set a shorter deadline, especially when you gave notice. The rule varies by state, so check your state labor department's website.
Can my employer hold my final paycheck until I return company property?
Generally, no. Wages you earned are owed even if a laptop or uniform is still outstanding. Some states allow specific deductions you agreed to in writing, but withholding the entire check usually violates state wage law.
Does my employer have to pay out unused vacation or PTO?
It varies by state. Some states treat accrued vacation as earned wages and require payout in the final paycheck. Others let the company's written policy decide. Read your handbook and check your state's rule.
How do I claim unpaid wages?
Start with a written demand letter that states the amount and a date to pay by. If that does not work, file a wage claim with your state labor department, which is free in most states. For federal minimum wage or overtime issues, you can also file with the U.S. Department of Labor's Wage and Hour Division. Small claims court is another option for smaller amounts.
Missing pay from your last check?
Tell Sidqo what happened: when you left, what the check covered, and what was missing. Get a clear read on your state's deadline and a plan for your demand letter or wage claim.
Sidqo provides general legal information, not legal advice. Final paycheck rules differ by state. For advice on your specific situation, talk to a licensed attorney in your state.