When an employee is supposed to receive their final paycheck from their employer is dependent on the state they live on and possibly on the nature of the separation. According to federal law, which establishes a minimum requirement, employers are required to issue a departing employee’s final check on or before the next scheduled pay day.
Most states, however, have laws that shorten that timeline. For example, in California under Labor code Section 201 employers are required to provide final checks immediately if an employee is being fired. If a California employee quits their job with at least 72 hours’ notice, they must also receive their check at the time of their leaving. However, if no notice is given prior to quitting, their final paycheck must be provided within 72 hours. For employees living outside of California, use the link below to learn more about your state’s final paycheck laws.
Ultimately, whether an employee has been fired, has quit, they’re entitled to their last paycheck in accordance with state law. If someone has not been paid in accordance with state or federal law and their attempts at resolving this with their previous employer have failed, they should contact their local Department of Labor Wage and Hour Division office to file a complaint.