Pay problems and rights
When do I get my final paycheck?
The one payroll question where federal law says least and your state says most.
The short answer
Federal law guarantees only that wages are paid on the regular payday for the period they cover - it does not require a final check on your last day. The actual deadline comes from state law and follows one of three patterns: due immediately on discharge, due within a set number of days, or due on the next regular payday. Whether unused vacation is paid out is a separate question, answered by your state and your employer's written policy.
The three patterns
| Pattern | What it means | Example |
|---|---|---|
| Immediate on discharge | Final wages are due at the moment employment ends, with a separate and usually slower rule for resignations | California: due at once when discharged; 72 hours if you quit without notice, or on your last day if you gave 72 hours' notice |
| A fixed number of days | A deadline of several working days, or the next payday if that comes sooner | Arizona: within seven working days or the next regular payday, whichever is first, when terminated; next regular payday when you resign |
| Next regular payday | The federal baseline, adopted by many states for both terminations and resignations | Alabama, Florida, Georgia and Mississippi have no final-paycheck statute, so this is what applies |
Confirm your own state before relying on any deadline: the details turn on working days versus calendar days, on whether you gave notice, and on whether you were discharged or laid off. The Department of Labor keeps a directory of state labor offices, which is the authoritative place to check.
One thing is consistent everywhere: the employer cannot make payment conditional on returning equipment, signing a release, or completing an exit interview. Wages earned are owed regardless.
What the final check should contain
| Item | Owed? |
|---|---|
| All hours worked through your last day | Always |
| Overtime earned in the final week | Always, at 1.5× the regular rate for hours past 40 |
| Commissions and bonuses already earned | Usually, though plan terms on 'earned' matter and are often litigated |
| Accrued unused vacation or PTO | Depends on the state and the written policy |
| Accrued unused sick leave | Usually not, unless a state or local ordinance says otherwise |
| Severance | Only if a contract, policy or agreement provides it - it is not a legal entitlement |
| Expense reimbursements outstanding | Yes, and they are not taxable wages |
Check the arithmetic the same way you would any other stub - the pay stub decoder covers the lines, and the year-to-date column on a final check is worth keeping, since it is what your W-2 will be built from. The year-to-date guide explains how the two line up.
Tax on a final paycheck
Nothing changes about the rates. A final check is often larger than usual because it carries a vacation payout or accrued commission, which means payroll either annualizes it - withholding as though every future check would be that size - or treats the extra as supplemental wages at the flat 22% federal rate. Both over-withhold for most people, and the excess returns at filing. The mechanism is the same one described in the bonus guide.
If you are moving straight into a new job, remember that year-to-date totals reset with the new employer, which is what causes the classic Social Security overpayment when two employers each withhold toward the annual cap - recoverable as a credit on your Form 1040. The OASDI guide covers that trap.
If it is late or short
- Put it in writing. Email payroll or HR with your last day, the hours and amounts you believe are owed, and any vacation balance. Keep the thread.
- Check the deduction lines. Deductions for equipment, training or advances are restricted in most states and generally need written authorization.
- File a state wage claim. Free, no lawyer required, and the agency contacts the employer directly. Several states add waiting-time penalties that accrue daily.
- Mind the deadlines. Two years federally, three for willful violations, with state limits running separately.
Meanwhile, a new job brings its own gap - a first paycheck typically takes two to four weeks, for the reasons set out in the first paycheck guide, and the paycheck calculator will tell you what that first deposit should be after tax.
FAQ
Frequently asked questions
When does my employer have to pay my final paycheck?+
Federal law sets only a floor: wages are due on the regular payday for the pay period covered. Anything faster comes from state law, and the deadline varies - some states require payment on the day of an involuntary termination, some within a set number of days, and some simply say the next regular payday. Four states have no final-paycheck statute at all, so the federal baseline applies there.
Is the deadline different if I quit rather than being fired?+
In many states, yes, and being fired usually triggers the faster deadline. California is the clearest example: wages are due immediately on discharge, but an employee who quits without notice has 72 hours, and one who gives at least 72 hours' notice is due on the last day. Check your own state, because the split is common but not universal.
Does my employer have to pay out unused vacation?+
It depends on the state and on the employer's own policy. A handful of states treat accrued vacation as earned wages that must always be paid out at separation - California, Colorado, Montana, Nebraska and North Dakota among them. Elsewhere it turns on what the policy or contract says, and a written use-it-or-lose-it policy is often enforceable.
Can my employer deduct things from my final paycheck?+
Only within limits. Taxes and existing garnishments continue as normal. Deductions for unreturned equipment, training costs or an outstanding advance are heavily restricted and in many states require your written authorization; they can never take you below minimum wage for hours worked. If a deduction appears you did not agree to, query it in writing.
What if my final paycheck is late?+
Ask payroll in writing first, naming your last day and the amount you believe is owed - many delays are administrative. If that fails, file a wage claim with your state labor agency, which is free and does not require a lawyer. Several states impose waiting-time penalties that accrue daily until the wages are paid, which is often the fastest lever.
How long do I have to make a claim for unpaid wages?+
Under the Fair Labor Standards Act, two years, extended to three where the violation was willful. State deadlines run separately and are sometimes longer, so a claim that is out of time federally may still be live under state law.
Sources
- US Department of Labor, state payday requirements
- US Department of Labor, state labor office contacts
- US Department of Labor, fact sheet 21: recordkeeping under the FLSA
- IRS Publication 15, section 7: supplemental wages
- IRS Publication 15 (Circular E), employer's tax guide
General information, not legal advice. Final-paycheck deadlines, vacation payout rules and permitted deductions are set by state law and vary substantially; confirm yours with your state labor office or a licensed attorney.
Read next
Related guides and tools
- When do you get your first paycheck?
Why a new job's first deposit lands two to four weeks in, and how to work out the exact date.
- How much of my paycheck can be garnished?
The federal caps on wage garnishment, the higher limits for child support, and the pay that is protected.
- How many pay periods are in a year?
52, 26, 24 or 12 - and the years a biweekly payroll quietly produces a 27th paycheck.
- How to read a pay stub
Every section of a pay stub explained, plus a decoder for the abbreviations payroll systems use.