Final paycheck not received: what to do

When your last check is due and how to get it.

Your job ended and your last paycheck didn’t come, or came short. Whether you were fired, laid off or quit, you are owed every dollar you earned. Here is when it is due and what to do.

When is the final paycheck due?

Federal law does not require employers to give former workers their final paycheck immediately. But many states do set a deadline, and if the regular payday for your last pay period has passed without payment, you can contact the US Department of Labor’s Wage and Hour Division or your state labor department (US DOL: Last Paycheck).

State rules fall into a few groups (check the details on your state’s page, because many have exceptions):

See every state side by side in final paycheck laws by state, or use the final-pay checker to get an approximate date for your case.

Fired or quit: it can make a difference

Many states set one deadline when the employer ends the job and another when you quit. Some also depend on how much notice you gave.

  • California, if you quit: If you gave at least 72 hours' notice: on your last day. If you quit without 72 hours' notice: within 72 hours. You can ask for the check to be mailed (Labor Code § 202).
  • Oregon, if you quit: If you gave at least 48 hours' notice (not counting weekends and holidays): on your last day. If you gave less notice: within 5 business days or on the next regular payday, whichever comes first.

Penalties for a late final paycheck

In some states, an employer that pays the final check late owes extra money on top of the wages, sometimes a day’s pay for each day late, up to a limit.

  • California: If your employer willfully does not pay your final wages on time, it owes a waiting-time penalty of your daily wage for each day late, up to 30 days (Labor Code § 203); filing a claim with the Labor Commissioner does not stop the penalty from growing.
  • Oregon: If the employer willfully fails to pay final wages on time, it owes penalty wages: your wage for 8 hours a day for each day late, up to 30 days (ORS 652.150).
  • Nevada: If your final pay is late (more than 3 days late if you were fired; on the due date if you quit), your wages keep running at your normal daily rate until you are paid, for up to 30 days (NRS 608.040, 608.050).

These penalties have conditions, such as a written demand or a willful failure to pay. Your state’s page lists them with the law.

What to do, step by step

  1. Check the deadline for your state and how your job ended. Write down your last day of work and your regular payday.
  2. Work out the amount. Count all hours in your last pay period, and overtime. In some states, earned vacation or paid leave must be paid out too; check your state’s page.
  3. Ask in writing. Send a demand letter with the amount and a deadline, and keep proof you sent it. In some states, a written demand is what starts the penalty.
  4. File a claim. File with your state labor office, where the state has one, or contact the Wage and Hour Division at 1-866-487-9243. Filing is free.
  5. Keep the deadline in mind. State time limits vary; see deadlines by state.

Common questions

Can my employer hold my check until I return a uniform or equipment? Check your state’s rule. In South Dakota, for example: By the next regular payday for those hours, or as soon after that as you return all company property.

Can they take money out of my last check? Many states limit deductions from pay. See the deductions section on your state’s page, and count any illegal deduction in your claim.

What if I never got a pay stub or don’t know the exact amount? You can still file. Give the agency your own record of dates, hours and pay; employers covered by federal law must keep records of hours and pay (Fact Sheet #21).