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Employment rates and laws vary by state. Among these laws include states with at-will employment, where an employer can terminate an employee for any reason without warning, as long as it is not illegal or discriminatory.
When an employee leaves a business, the business owner must follow an employee termination checklist. In this checklist is the responsibility to give a terminated employee his or her final paycheck.
Final paycheck laws vary depending on the state your employees are in, but there are some general rules. Whether your employee quit or you terminated him/her, you must give them their last paycheck containing their regular wage from the most recent pay period. You cannot withhold money from the employee’s last paycheck, even if the employee owes your business, and you cannot attach a condition of receipt to the final paycheck.
As an employer, you must follow your state’s final paycheck laws, and failing to do so can result in legal action. Many employers fail to comply out of ignorance.
Some states require an employer to provide the final paycheck within a specific time frame or immediately. Some states’ final paycheck laws depend on how the employee was terminated, either by quitting or fired by the employer.
State | Employee Terminated | Employee Resigns |
---|---|---|
Vermont | Within 72 hours from the time of discharge | Whichever is first: next scheduled payday or if there is no regular payday, then the next Friday. |
New Hampshire | Within 72 hours | Next scheduled payday, or within 72 hours if the employee gives one period pay notice |
South Carolina | Within 48 hours or next scheduled payday not to exceed 30 days | Within 48 hours or next scheduled payday not to exceed 30 days |
Minnesota | Within 24 hours of demand | Next payday that’s at least 5 days after an employee’s last day but no more than 20 days after the last day worked. |
Utah | Within 24 hours | Next scheduled payday |
Tennessee | Within 21 days or the next regular payday whichever occurs later | Within 21 days or the next regular payday whichever occurs later |
Texas | Within 6 calendar days | Next scheduled payday |
Alaska | Within 3 working days of termination | Next scheduled payday that’s at least 3 days after the employee gives notice |
Nevada | Within 3 days | Whichever is first: within 7 days or next payday |
Kentucky | Whichever is later: within 14 days or next scheduled payday | Whichever is later: within 14 days or next scheduled payday |
Idaho | Whichever is first: within 10 days or next payday. If employee provides a written request for earlier payment, within 48 hours of receiving the request. | Whichever is first: within 10 days or next payday. If employee provides a written request for earlier payment, within 48 hours of receiving the request. |
Arizona | Whichever is first: within 7 working days or next payday | Next scheduled payday |
Nebraska | Whichever is first: next scheduled payday or within two weeks | Whichever is first: next scheduled payday or within two weeks |
Louisiana | Whichever is first: next scheduled payday or within 15 days | Whichever is first: next scheduled payday or within 15 days |
Ohio | Whichever is first: next scheduled payday or within 15 days | Whichever is first: next scheduled payday or within 15 days |
Maine | Whichever is first: next scheduled payday or within 2 weeks of employee’s demand | Whichever is first: next scheduled payday or within 2 weeks of employee’s demand |
Alabama | No law | No law |
Florida | No law | No law |
Georgia | No law | No law |
Mississippi | No law | No law |
Oklahoma | Next scheduled payday, or within 14 days, whichever is later | Next scheduled payday, or within 14 days, whichever is later |
Arkansas | Next scheduled payday, or within 7 working days if the employee demands it. (employer will owe 2X the wages if not paid within 7 days) | Next scheduled payday |
South Dakota | Next scheduled payday, or the employer can hold the final pay until company property is returned. | Next scheduled payday, or the employer can hold the final pay until company property is returned. |
North Carolina | Next scheduled payday, or before. Either by regular way wages are paid, or by mail. Employee’s decision. | Next scheduled payday, or before. Either by regular way wages are paid, or by mail. Employee’s decision. |
New Mexico | Next scheduled payday (task, piece and commission wages due within 10 days). If wages are a fixed amount, then they are due within 5 days of termination. | Next scheduled payday |
Pennsylvania | Next scheduled payday (If the employee requests the final check to be mailed, then the company is required to do so). | Next scheduled payday (If the employee requests the final check to be mailed, then the company is required to do so). |
Delaware | Next scheduled payday | Next scheduled payday |
Indiana | Next scheduled payday | Next scheduled payday |
Iowa | Next scheduled payday | Next scheduled payday |
Kansas | Next scheduled payday | Next scheduled payday |
Maryland | Next scheduled payday | Next scheduled payday |
New Jersey | Next scheduled payday | Next scheduled payday |
New York | Next scheduled payday | Next scheduled payday |
North Dakota | Next scheduled payday | Next scheduled payday |
Rhode Island | Next scheduled payday | Next scheduled payday |
Virginia | Next scheduled payday | Next scheduled payday |
Washington | Next scheduled payday | Next scheduled payday |
West Virginia | Next scheduled payday | Next scheduled payday |
Wisconsin | Next scheduled payday | Next scheduled payday |
Wyoming | Next scheduled payday | Next scheduled payday |
Connecticut | Next business day | Next scheduled payday |
District of Columbia | Next business day | Whichever is first: within 7 days or next payday |
Hawaii | Immediately or next business day | Immediately if employee gives one pay period notice, or scheduled payday |
Illinois | Immediately if possible but no later than next scheduled payday | Immediately if possible but no later than next scheduled payday |
Montana | Immediately (within 4 hours or the end of the same business day) | Whichever is first: next scheduled payday or within 15 days |
California | Immediately (employees can recover penalties for every day wages are withheld) | Within 72 hours or immediately if the employee gave at least 72 hours’ notice |
Colorado | Immediately | Next scheduled payday |
Massachusetts | Immediately | Next scheduled payday |
Missouri | Immediately | No law |
Oregon | By the end of the next business day | Immediately if the employee gave 48 hours’ notice, otherwise within 5 days, or the next payday – whichever comes first |
Michigan | All wages earned are due as soon as the amount can be determined | All wages earned are due as soon as the amount can be determined |