Whether you quit, got laid off, or were fired, your employer owes you a final paycheck for all hours worked. But exactly when that check must arrive, and what it must include, depends heavily on your state — and getting it wrong can mean leaving money on the table.

When Must You Receive Your Final Paycheck?

Federal law doesn't set a specific deadline for final paychecks — this is governed almost entirely by state law, and the rules vary widely:

Does Your Final Paycheck Include Unused Vacation Time?

This depends entirely on your state and your employer's policy. Some states treat earned, unused vacation time as wages that must be paid out, similar to regular pay. Others leave it up to the employer's written policy, meaning if your handbook says unused vacation isn't paid out, it may not be legally required. Always check your state's specific rule and your employer's written policy for the details that apply where you work.

What Can Be Deducted From Your Final Paycheck?

Employers generally can't make deductions that would bring your pay below minimum wage, and many states restrict what can be deducted at all without your written authorization — such as for unreturned company equipment or negative PTO balances. Some states prohibit these deductions from a final check entirely, even with authorization. These are separate from the standard tax withholdings covered in our breakdown of standard withholding, which still apply to a final check the same as any other.

What If Your Final Paycheck Is Late?

Many states impose penalties on employers who miss the final paycheck deadline, sometimes structured as "waiting time" penalties that accrue daily until payment is made, up to a capped number of days. A few states go further with multiplied-damages provisions — Virginia, Maryland, and South Carolina among them — that can significantly increase what an employer owes for willful nonpayment. If your final check is late, your state's labor department is typically the right place to file a wage complaint.

Keep this in mind: Final paycheck laws are one of the most state-specific areas of wage law. Two states right next to each other can have very different deadlines and vacation payout rules.

What to Do If You Haven't Been Paid

  1. Check your state's specific final paycheck deadline and vacation payout rule.
  2. Review your pay stub and employment agreement for any deductions taken.
  3. Contact your former employer's HR or payroll department in writing to request payment.
  4. If unresolved, file a wage claim with your state's labor department.

Final paycheck rules are especially strict in some states — California requires immediate payment on the day of termination in most cases, while Nevada ties the deadline to whether you quit or were let go. Once you know what you're owed, confirm the tax withholding on that final check with our paycheck estimator.

This article is for general information only and is not legal advice. Final paycheck laws vary significantly by state. See our Legal Disclaimer for more, and check your specific state's rules or consult an employment attorney for guidance.