In the event that you have an employee leave your business, you should be ready to give him or her a final paycheck. The tricky thing about this is that every state has different laws on the subject. Therefore, you need to brush up on your state’s laws to ensure you do not wait too long before giving the paycheck. Additional laws may be on the books about reimbursing employees with unused vacation days, but for this, paychecks will only be discussed.
Laws for Each State
There is no federal law on the subject, so it has been up to the states to give employees a timeframe for when they can receive their last paycheck. While more research should be done, this list will give you an idea of how long you have to give your former employees final paychecks:
- Alabama: No laws exist at this time.
- Alaska: If a worker quits, the last paycheck is given on the next payday. If a worker is fired, the last paycheck is given within seven business days.
- Arizona: If an employee quits, give last paycheck on the next payday. For a firing, either next payday or within three business days depending on what comes first.
- California: For quitting, final paycheck is given within 72 hours unless 72-hour notice was given. If that is the case, the last paycheck is given immediately. For firing, last paycheck is given immediately.
- Colorado: When an employee quits or is fired, paycheck should be given immediately.
- Connecticut: If an employee quits, the last check is given on the next payday. When firing an employee, the last paycheck needs to be given on the next payday.
- Delaware: Whether an employee is fired or quits, the last paycheck is given on the next payday.
- Florida: No laws exist at this time.
- Georgia: No laws exist at this time.
- Hawaii: Final check is given on the next payday if an employee quits. Final check is given immediately if an employee is fired unless conditions exist that would prevent that.
- Idaho: Regardless if an employee quits or is fired, last paycheck is given within 10 days or at the next pay period. Employees can submit a written request to receive last paycheck sooner.
- Illinois: Either way, last paycheck is given at the subsequent payday.
- Indiana: The following scheduled payday is when the last paycheck is sent whether an employee gets fired or quits.
- Iowa: Employees who quit or are fired will receive final paychecks on the next payday.
- Kansas: Last paycheck is given on the subsequent payday regardless of being fired or quitting.
- Kentucky: Whether an employee has been fired or quits, last paycheck is given within 14 days or the next payday, whichever is later.
- Louisiana: Last paycheck is given within 15 days or at the next pay period, whichever happens first.
- Maine: Employee can demand to receive check within two weeks. Otherwise, it is given at the next payday.
- Maryland: Final paycheck comes at next payday regardless of firing or quitting.
- Massachusetts: An employee who quits will get last paycheck at following payday. It is given immediately when a worker is fired.
- Michigan: Next payday is when last check is given regardless of quitting or firing.
- Minnesota: An employee who quits gets last paycheck at next pay period. It is given immediately upon firing.
- Mississippi: No laws exist at this time.
- Missouri: Last paycheck is given immediately upon being fired. No laws exist for quitting.
- Montana: An employee quitting receives last paycheck within 15 days or at the next payday. It can be given immediately upon firing, but you may be able to extend that time.
- Nebraska: A two week timeframe or the next payday is when the last paycheck is given, no matter how the worker leaves.
- Nevada: With quitting, paycheck is given within two weeks or the next payday. With firing, it is given instantaneously.
- New Hampshire: 72 hours is given regardless of whether an employee quits or is fired. If a worker is laid off, you can wait until next pay period.
- New Jersey: Last paycheck comes at the following payday regardless of quitting or firing.
- New Mexico: Five days is how long you have when a worker is fired. You have until the next payday if a worker quits.
- New York: You have until the next pay period whether you fire workers or they quit.
- North Carolina: The subsequent payday is when final paycheck is given regardless of reason for leaving.
- North Dakota: You have until the next payday if an employee quits. You have 15 days or the next payday if you fire a worker, depending on which one comes first.
- Ohio: No laws exist for firing a worker. You have until the first or 15th of the month if a worker quits, depending on when wages were earned.
- Oklahoma: Final paycheck is received on next payday regardless of reason.
- Oregon: If an employee quits and gives 48 hours’ notice, final check is given immediately. If an employee quits and does not give notice, you have five days or until the next payday. You have until the end of the subsequent business day if you fire someone.
- Pennsylvania: Regardless of reason for leaving, you have until the following payday.
- Rhode Island: Employees receive final paychecks on the next payday regardless of why they left.
- South Carolina: No laws for when an employee quits. You have until the next payday or within 48 hours if you fire a worker.
- South Dakota: You have until the next pay period or until the worker returns to the property before giving last paycheck.
- Tennessee: 21 days or the next pay period is how long you have until the final paycheck must be given.
- Texas: Final check is given on next payday when a worker quits. Six days is given when you are firing someone.
- Utah: The following payday is when last check is given when someone quits. You have 24 hours if you fire an employee.
- Vermont: If a worker quits, you have the subsequent payday or the next Friday before giving last paycheck. If an employee is fired, you are given 72 hours.
- Virginia: You are given until the next payday regardless of how a worker leaves.
- Washington: Regardless of how someone leaves, you are given until the next pay period.
- West Virginia: When an employee gives notice of leaving, last paycheck is given immediately. If there is no notice, you have until the following payday. Upon firing, you are given 72 hours.
- Wisconsin: You are given until the next payday when a worker quits. Depending on which one comes first, you have until the next payday or within one month when you fire someone.
- Wyoming: You have five business days to give a worker a last paycheck regardless of the reason for the departure. Brush up on the finer details of the laws within your own state so that you know, without a doubt, when to give a final paycheck. You will keep yourself and your former employees happy by becoming familiar with the laws.
v Arkansas: No law for quitting. For firing, you have seven business days.
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