Final pay rules come from state law, and they differ a lot. In some states the check is due the day you are fired. In others the employer can wait until the next regular payday. The steps to get paid are similar everywhere.
When final pay is due
Many states require immediate payment on termination and a short deadline after a resignation. Others allow the next regular payday. A few add penalties, such as extra wages for each day the employer is late. Check your state labor department's website, because the answer decides your next move. Unpaid wages are a legal debt the employer owes, whether or not you left on good terms.
Is unused PTO or vacation owed?
Federal law does not require payout of vacation or PTO. State law and the employer's own written policy do. Some states treat accrued vacation as earned wages that must be paid at separation, and bar "use it or lose it" rules. In other states the employer's handbook or contract controls, so a clear policy of no payout may be enforceable. Pull the handbook, your offer letter and any emails about PTO.
Steps to get paid
- Calculate what you are owed: hours worked, overtime, commissions, expense reimbursement and accrued leave if your state requires it.
- Send a short written demand to HR or the owner. State the amount, the pay period, the date you want payment and that you will file a wage claim if it is not paid. Keep a copy.
- Wait for the response period you set, often 7 to 10 days, unless a deadline is running out.
- File a wage claim with your state labor department or labor commissioner. This is usually free and does not need a lawyer.
- Consider small claims court for amounts under the court's limit, or an employment lawyer for larger sums or retaliation. Some states let successful workers recover attorney fees and penalties.
What employers cannot do
- Withhold final pay as leverage for returning equipment or signing a release.
- Deduct for property or errors unless state law and your written consent allow it.
- Pay less than the minimum wage or skip overtime owed.
- Fire or punish you for asking about unpaid wages. That is retaliation.
Keep your records
Save pay stubs, schedules, texts about hours, offer letters and the demand you sent. If your employer did not give pay stubs, your own log of hours still counts as evidence, and in many wage cases the burden shifts to the employer to disprove it.
Deadlines
Wage claims have time limits, commonly two to three years and sometimes less for certain claims. Do not wait because you hope the check will arrive. See our guides on unpaid wages and overtime and on wage theft demand letters.
A sample demand letter outline
Keep it to a few lines: your name and job title, your last day, the pay period and amount you believe is owed with how you calculated it, a statement that state law requires payment by a certain date if you know it, a request to pay by a specific date, and a note that you will file a wage claim with the state labor agency if payment is not made. Send it by email and by a method that proves delivery. A calm, specific letter often gets a check cut quickly because it shows you know the process.
What an agency wage claim involves
Most state labor departments take wage claims online or by form, ask for your pay records and employer information, and may send the employer a notice or hold a hearing. Timelines vary. An agency claim is usually free, does not require a lawyer, and some states add penalties for late payment. If the employer closed or will not respond, ask the agency about options.
Frequently asked questions
How long can an employer take to pay my last check?
It depends on your state, from immediately to the next regular payday.
Do I get paid for unused vacation?
In some states yes, otherwise it depends on your employer's written policy.
Can my employer hold my check until I return equipment?
Generally no.
Where do I file a wage complaint?
Your state labor department, and the U.S. Department of Labor for some federal claims.
Do I need a lawyer?
Not for a basic wage claim, but one helps with large amounts or retaliation.