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Final Paycheck Laws by State: Quit vs Fired

Updated August 7, 2026. Quick answer: in many states the deadline for your last paycheck depends on whether you quit or were fired — and where it does, being fired gets you paid sooner. In four states there is no state deadline at all. All 51 jurisdictions are below, quit and fired held separately, because collapsing them into one column is how most published versions of this table go wrong.

The three findings

1. The split is real and it is common. Of the 51 jurisdictions, 28 set a different deadline depending on how the job ended, while 18 apply the same rule to both. Where they split, the direction is consistent: the discharged employee is paid sooner. The logic is not generosity, it is control — an employee who resigns chooses the date; an employer who discharges chooses it for them, and the statutes put the burden of speed on whoever controlled the timing.

2. Four states set no final-paycheck deadline at all: Alabama, Florida, Georgia, Mississippi. This is a verified finding, not a gap in our research — each was confirmed against the state’s own code index or labour department. And one correction that matters: the federal next-payday norm is not a state deadline and must not be quoted as one. If a source gives you a deadline for these four states, check what it is actually citing.

3. 5 jurisdictions attach no late-payment penalty (Alabama, Florida, Georgia, Mississippi, Nebraska) — which is the difference between a deadline and an enforceable one. A deadline without a consequence is a suggestion.

All 51 jurisdictions

JurisdictionIf you are firedIf you quitLate-payment penaltyCitation
Alabamano state deadlineno state deadline—
AlaskaWithin 3 working days after terminationNext regular payday that is at least 3 days after the employer received notice of the quitContinuing wages at the regular straight-time rate (8-hour day) from the date the employee demands payment until paid, capped at 90 working days’ wagesAS 23.05.140
ArizonaWithin 7 working days, or the end of the next regular pay period, whichever is soonerBy the regular payday for the pay period during which the termination occurredCivil action for treble (3x) the unpaid wages under A.R.S. 23-355; separately, violating the 23-353 timing requirement is a petty criminal offenseA.R.S. 23-353 (deadline); A.R.S. 23-355 (penalty)
ArkansasBy the next regular paydayno state deadlineDouble the wages due, if payment is not made within 7 days of the next regular paydayArk. Code Ann. 11-4-405 (as amended by Act 2019, No. 853)
CaliforniaImmediately, at the time of discharge72 hours after quitting; at the time of quitting if the employee gave at least 72 hours’ noticeContinuation of wages at the employee’s same daily rate as a penalty from the due date until paid or until an action is commenced, capped at 30 calendar daysCal. Labor Code 201, 202, 203
ColoradoImmediately at discharge; if the accounting unit is not available, within 6 hours of the start of the next regular workday (on-site) or 24 hours (off-site)Next regular paydayNot automatic – requires a written demand first; if unpaid within 14 days of demand: standard = greater of 2x unpaid wages or $1,000; willful = greater of 3x or $3,000Colo. Rev. Stat. 8-4-109 (Colorado Wage Act)
ConnecticutNot later than the business day next succeeding the date of dischargeNot later than the next regular paydayCivil action for twice the unpaid wages plus costs and reasonable attorney’s fees, unless the employer proves a good-faith belief that its underpayment complied with lawConn. Gen. Stat. 31-71c, 31-72
DelawareSame as quitting – the later of the next regular payday or 3 business days after the last day workedThe later of the next regular payday (as if employment had not stopped) or 3 business days after the last day workedLiquidated damages equal to the lower of 10% of unpaid wages per day (excluding Sundays and legal holidays) or an amount equal to the unpaid wages (capped at 100%)19 Del. C. 1103
District of ColumbiaNot later than the working day following dischargeNext regular payday, or within 7 days from the date of quitting, whichever is earlierLiquidated damages of 10% of unpaid wages for each working day late, OR treble the unpaid wages – whichever is SMALLERD.C. Code 32-1303 (Wage Payment and Wage Collection Law)
Floridano state deadlineno state deadline—
Georgiano state deadlineno state deadline—
HawaiiAt the time of discharge; the next working day if immediate payment is prevented by conditionsNo later than the next regular paydayCivil: unpaid wages plus an equal additional sum (2x) plus interest at 6% per year from the date due. Criminal: $100-$10,000 fine and/or up to 1 year imprisonment for willful non-paymentHaw. Rev. Stat. 388-3, 388-10
IdahoEarlier of the next regularly scheduled payday or 10 days after separation; 48 hours if the employee makes a written requestEarlier of the next regularly scheduled payday or 10 days after separation; 48 hours if the employee makes a written requestWages continue accruing at the regular rate as if still working until paid in full or for 15 days, whichever is less, CAPPED AT $750 total – or $500 if paid before a wage lien is filedIdaho Code 45-606, 45-607
IllinoisAt separation if possible, but no later than the next regularly scheduled paydayAt separation if possible, but no later than the next regularly scheduled payday5% of the underpayment per MONTH it remains unpaid, via an IDOL claim or a civil action but not both; a civil action also recovers costs and reasonable attorney’s fees. Willful knowing refusal is a Class B misdemeanour (up to $5,000 owed) or Class A (over $5,000), and a Class 4 felony on repeat within 2 years. The employer also owes IDOL a non-waivable administrative fee of $500-$1,250 based on the amount ordered820 ILCS 115/5, 820 ILCS 115/14
IndianaNext regularly scheduled paydayNext regularly scheduled paydayLiquidated damages of 10% of unpaid wages per day late, capped at double (200%) the wages due, plus reasonable attorney’s fees and costsInd. Code 22-2-9-2, 22-2-5-2 (per secondary sources – NOT independently verified against primary text)
IowaNot later than the next regular payday for the pay period in which the wages were earnedNot later than the next regular payday for the pay period in which the wages were earnedLiquidated damages of 5% of unpaid wages multiplied by the number of days unpaid – EXCLUDING Sundays, legal holidays and the first 7 days after the regular payday – capped at 100% of the unpaid wages, plus court costs and usual and necessary attorney’s feesIowa Code 91A.4, 91A.2(6), 91A.8
KansasNot later than the next regular paydayNot later than the next regular payday1% of unpaid wages per day excluding Sundays and legal holidays, accruing from the 8th day after payment was required, OR 100% of the unpaid wages, whichever is lessK.S.A. 44-315
KentuckyBy the LATER of the next normal pay period or 14 days after separationBy the LATER of the next normal pay period or 14 days after separationCivil penalty of not less than $100 and not more than $1,000 per offence, assessed against the employer BY THE STATE (Education and Labor Cabinet); each missed payout is a separate offence, and the employer must also make full payment owedKRS 337.055, KRS 337.990(3)
LouisianaBy the next regular payday, or no later than 15 days after discharge, whichever occurs FIRSTBy the next regular payday for the pay cycle worked, or no later than 15 days after resignation, whichever occurs FIRSTPenalty wages equal to the LESSER of 90 days’ wages at the daily rate, or full wages accruing from the date of the employee’s demand until the employer pays or tendersLa. R.S. 23:631, 23:632
MaineNo later than the employee’s next established paydayNo later than the employee’s next established paydayUnpaid wages and accrued vacation, plus a reasonable rate of interest, plus an additional amount equal to TWICE the unpaid wages as liquidated damages, plus costs of suit including a reasonable attorney’s fee26 M.R.S. 626
MarylandOn or before the day the employee would have been paid had employment not ended (the next regular payday)On or before the day the employee would have been paid had employment not ended (the next regular payday)The court MAY award up to 3x the unpaid wage amount, plus reasonable counsel fees and other costsMd. Code, Lab. & Empl. 3-505, 3-507.2
MassachusettsSame day as dischargeNext regular payday (or the following Saturday if there is no regular payday)Mandatory treble (3x) damages on unpaid wages as liquidated damages, plus reasonable attorneys’ fees and litigation costs, via a private civil actionMass. Gen. Laws ch. 149, §§ 148, 150 (see also § 27C)
MichiganImmediately, as soon as the amount can, with due diligence, be determinedAs soon as the amount can, with due diligence, be determined (no fixed number of days for ordinary employees)10% annual penalty on unpaid wages/fringe benefits accruing from the date the employer is notified a complaint was filed until payment, plus discretionary exemplary damages up to 2x if flagrant or repeated, plus a civil penalty up to $1,000 payable to the stateMich. Comp. Laws §§ 408.475, 408.488
MinnesotaImmediately due and payable upon the employee’s written demand; employer must pay within 24 hours of that demand or is in defaultFirst regular payday after the last day worked; if that payday is within 5 days of the last day, the second payday, capped at 20 calendar days from separationPenalty equal to the employee’s average daily earnings for each day of default, up to a maximum of 15 daysMinn. Stat. §§ 181.13, 181.14
Mississippino state deadlineno state deadline—
MissouriImmediately, on the day of discharge (or refusal to further employ)No Missouri statute sets a special deadline for voluntary resignationsWages continue accruing at the same contract rate from the date of discharge until paid, capped at 60 daysMo. Rev. Stat. § 290.110
MontanaImmediately upon separation, unless a written personnel policy provides for the next regular payday or within 15 days, whichever is firstNext regular payday for the pay period of separation, or within 15 days of separation, whichever occurs firstCivil penalty up to 110% of the wages due and unpaid, plus interest from the date wages were dueMont. Code Ann. §§ 39-3-205, 39-3-206
NebraskaNext regular payday, or within 2 weeks of termination, whichever is soonerNext regular payday, or within 2 weeks of separation, whichever is soonerNeb. Rev. Stat. §§ 48-1230, 48-1231
NevadaImmediately upon dischargeEarlier of the next regular payday or 7 days after resignationWages continue accruing at the employee’s regular rate from the date of discharge/resignation until paid, or for 30 days, whichever is lessNev. Rev. Stat. §§ 608.020, 608.030, 608.040
New HampshireWithin 72 hours of dischargeNext regular payday; but if the employee gave at least one full pay period’s notice, within 72 hoursLiquidated damages of 10% of unpaid wages per day (excluding Sundays and legal holidays) the failure continues, or an amount equal to the unpaid wages, whichever is smallerN.H. Rev. Stat. Ann. § 275:44
New JerseyRegular payday for the pay period in which employment endedRegular payday for the pay period in which employment endedDisorderly-persons offense fine for a knowing/willful violation (sources differ: $100-$1,000 vs $500-$1,000; each day a separate offense), plus civil liquidated damages up to 200% of unpaid wages, plus administrative penalties up to $250 first/$500 subsequent, plus an administrative fee of 10-25%N.J.S.A. 34:11-4.3, 34:11-4.10
New Mexico5 days if wages are a fixed and definite amount; 10 days for all other (unfixed) wagesNext succeeding regular paydayWages continue to accrue at the rate the employee was receiving at discharge, from discharge until paid, capped at 60 days after discharge, and only where the employee made a timely demand that was refusedNMSA 1978 50-4-4, 50-4-5
New YorkRegular payday for the pay period in which termination occurred (same rule as quit)Regular payday for the pay period in which termination occurredNY Labor Law 198: unpaid wages plus liquidated damages equal to 100% of the unpaid wages, plus prejudgment interest, plus reasonable attorneys’ fees and costsNY Labor Law 191, 198
North CarolinaOn or before the next regular payday (same rule as quit)On or before the next regular paydayPrivate civil action under 95-25.22: unpaid wages plus interest at the legal rate from the date each amount came due, plus liquidated damages equal to the amount due (doubling), UNLESS the employer proves good faith with reasonable grounds, in which case the court may reduce or eliminate them; plus discretionary costs and attorneys’ feesN.C. Gen. Stat. 95-25.7, 95-25.22
North DakotaNext regular payday, PLUS the employer must send payment by certified mail to an address designated by the employee (or as otherwise agreed)Next regular payday established in advance by the employer for the periods worked (no acceleration for a voluntary quit)Wage continuation at the contract rate for each day of default until paid in full, ceasing 30 days after default (34-14-03); PLUS interest at the 47-14-09 rate and double damages if the employer was found liable on 2 prior wage claims in the preceding year, treble for 3+ (34-14-09.1); PLUS willful refusal is a criminal infraction (34-14-07)N.D.C.C. 34-14-02, 34-14-03, 34-14-07, 34-14-09.1
OhioSame as quit: no separation-specific acceleration; final wages follow the regular payday scheduleNo separation-specific acceleration; final wages follow the employer’s regular semimonthly (or more frequent) payday scheduleLiquidated damages of 6% of the amount still unpaid and not in contest, or $200, whichever is greaterOhio Rev. Code 4113.15
OklahomaSame as quit: next regular designated payday for the pay period in which the work was performedNext regular designated payday established for the pay period in which the work was performedLiquidated damages of 2% of the unpaid wages per day after the wages were due, capped at 100% of the unpaid wages40 O.S. 165.3
OregonBy the end of the first business day after discharge or terminationImmediately on the last day worked if the employee gave at least 48 hours’ notice; otherwise within 5 business days or by the next regularly scheduled payday, whichever is firstContinued wages at the regular hourly rate for 8 hours per day from the due date until paid or until suit is filed, capped at 30 days’ wagesORS 652.140, ORS 652.150
PennsylvaniaBy the next regular payday on which the wages would otherwise have been dueBy the next regular payday on which the wages would otherwise have been dueLiquidated damages of 25% of the total unpaid wages, or $500, whichever is greater, in addition to the wages43 P.S. 260.5, 260.10 (Wage Payment and Collection Law)
Rhode IslandBy the next regular paydayBy the next regular paydayCriminal: misdemeanour fine of not less than $400 per separate offence or up to 1 year imprisonment; felony (knowing and willful, unpaid wages over $1,500) up to 3 years or a $5,000 fine or bothR.I. Gen. Laws 28-14-4, 28-14-17
South CarolinaWithin 48 hours of separation or by the next regular payday, whichever is later – but in no case more than 30 days after separationWithin 48 hours of separation or by the next regular payday, whichever is later – but in no case more than 30 days after separationTreble damages: three times the full amount of unpaid wages, plus costs and reasonable attorney’s fees, in a civil actionS.C. Code 41-10-50, 41-10-80
South DakotaNext regular payday (or when the employee returns all employer property, if that is later)Next regular payday (or when the employee returns all employer property, if that is later)Civil: double the unpaid wages if the refusal to pay was oppressive, fraudulent or malicious (SDCL 60-11-7). Criminal: Class 2 misdemeanour (up to 30 days and/or $500) for intentionally refusing to pay after employee demand (SDCL 60-11-15)SDCL 60-11-10 (deadline); 60-11-7, 60-11-15 (penalties)
TennesseeNext regular payday following separation, or 21 days after separation, whichever occurs LASTNext regular payday following separation, or 21 days after separation, whichever occurs LASTClass B misdemeanour, fine $100-$500 per violation; separately the Commissioner of Labor and Workforce Development may impose a civil penalty of $500-$1,000 per violationTenn. Code Ann. 50-2-103
TexasNot later than the 6th calendar day after dischargeNext regularly scheduled paydayTWC may assess an administrative penalty for bad-faith failure to pay, capped at the lesser of the wages in question or $1,000 (Tex. Lab. Code 61.053)Tex. Lab. Code 61.014 (deadlines); 61.053 (penalty)
UtahWithin 24 hours of discharge or layoffNext regular payday; if the employee gives 72+ hours’ notice of resignation, wages are due on the last day workedUnpaid wages continue to accrue at the regular pay rate from separation until paid, capped at 60 days, recoverable by civil actionUtah Code Ann. 34-28-5
VermontWithin 72 hours of discharge or layoffOn the next regular payday, or if there is no regular payday, on the following FridayFine of not more than $5,000 per violation (21 V.S.A. 345)21 V.S.A. 342 (deadline); 345 (penalty)
VirginiaOn or before the date the employee would have been paid had employment not ended (the next regular payday)On or before the date the employee would have been paid had employment not ended (the next regular payday)Liquidated damages equal to the wages due, plus 8% per annum interest from the date wages were due (40.1-29(H)); treble damages where the failure to pay was knowing (40.1-29(K))Va. Code 40.1-29
WashingtonBy the end of the established pay period (the next regular payday) following separationBy the end of the established pay period (the next regular payday) following separationMisdemeanour (RCW 49.48.020). Civil penalty for a willful violation: not less than $1,000 or 10% of total unpaid wages, whichever is greater, capped at $20,000 (RCW 49.48.083). Separately an employee may sue for double exemplary damages plus fees for willful and deliberate withholding (RCW 49.52.070)RCW 49.48.010 (deadline); 49.48.020, 49.48.083, 49.52.070 (penalties)
West VirginiaOn or before the next regular paydayOn or before the next regular paydayLiquidated damages equal to two times the unpaid amount, in addition to the wages themselvesW. Va. Code 21-5-4
WisconsinBy the earlier of the date the employee would regularly have been paid, or the date required under the standing pay-period ruleBy the earlier of the date the employee would regularly have been paid under the employer’s payroll schedule, or the date required under the standing pay-period ruleIncreased wages of up to 50% of the amount due and unpaid administratively or by early civil action (109.11(1)(b), (2)(a)); up to 100% by civil action after DWD review (109.11(2)(b)). Willful failure is separately criminal: up to $500, 90 days, or both, each pay period a separate offence (109.11(3))Wis. Stat. 109.03 (deadline); 109.11 (penalty)
WyomingWithin 5 working days of separation, or on the next regular payday, whichever is earlierWithin 5 working days of separation, or on the next regular payday, whichever is earlierIn a district-court civil action the court shall award interest on unpaid wages at 18% per annum from the date due, plus reasonable attorney fees and costsWyo. Stat. 27-4-104

Quit and fired are held in separate columns deliberately. They genuinely differ in many states, and a single “final paycheck deadline” column cannot represent that without being wrong for one branch or the other.

Where the penalties have teeth

Penalty designs differ in kind, not just in size. Some run the wages on as a continuing penalty; some are a multiple of the unpaid amount; several require the employee to make a written demand before the clock starts — which is the most actionable fact on this page, because in those states waiting quietly costs you the remedy. Each state’s formula is in the table.

Cite this

Clear Money Guide, Final Paycheck Laws by State, 2026. https://clearmoneyguide.com/final-paycheck-laws-by-state/. Compiled from state labour codes and labour-department sources, each row carrying its citation and retrieval date. Reusable under CC BY 4.0.

Scope and limits

Deductions from final pay and all garnishment mechanics are deliberately excluded from this table and from this site. Four states’ statutes also contain deduction or setoff provisions; those parts were not researched and are not represented here.

Honest gap. Within-state variation is real: several states set different deadlines by industry, by payroll cycle, or by whether the employee requests payment, and the table gives the general rule with the citation so the exception can be found. Nothing here covers commissions, accrued leave payout, or disputes about the amount owed — only the deadline and the penalty.

If you are leaving work near retirement, the timing interacts with everything else that quarter — the 90-day checklist covers the gap between a last paycheque and a first retirement payment.

See methodology and corrections. General information about published law, not legal advice. No advertising appears on this page and we earn nothing from it.