Do you know the laws that govern Final Termination Checks?
Final Termination Checks and how they are to be paid vary by state. Some states required immediate payment while others allow those payments to be made in the next regular pay cycle. Federal law does not require final payments to be made until the next scheduled payroll.
Employers can be face stiff consequences for failing to heed the dispositions of final paychecks. For example, in California the penalty can be as much as 30 additional days of pay due the employee. To avoid any non-compliance please use the chart below as a reference but double check the state requirements before issuing the final pay to ensure they have not been updated to different requirements since the date of this posting.
Alabama
Voluntary resignation: There's no law.
Involuntary resignation: There's no law.
Alaska
Voluntary resignation: Next scheduled payday that's at least 3 days after the employee gives notice.
Involuntary resignation: Within 3 working days of termination.
Arizona
Voluntary resignation: Next scheduled payday.
Involuntary resignation: Whichever is first: within 7 working days or next payday.
Arkansas
Voluntary resignation: Next Scheduled Payday
Involuntary resignation: Within 7 working days.
California
Voluntary resignation: Within 72 hours or immediately if the employee gave at least 72 hours notice.
Involuntary resignation: Immediately
Colorado
Voluntary resignation: Next Scheduled Payday
Involuntary resignation: Immediately
Connecticut
Voluntary resignation: Next scheduled payday.
Involuntary resignation: Next business day.
Delaware
Voluntary resignation: Next Scheduled Payday
Involuntary resignation: Immediately
District of Columbia
Voluntary resignation: Whichever is first: within 7 days or next payday.
Involuntary resignation: Next business day.
Florida
Voluntary resignation: There's no law.
Involuntary resignation: There's no law.
Georgia
Voluntary resignation: There's no law.
Involuntary resignation: There's no law.
Hawaii
Voluntary resignation: Immediately or next scheduled payday, depending on date of final notice.
Involuntary resignation: Immediately or next business day if conditions warrant.
Idaho
Voluntary resignation: Whichever is first: within 10 days or next payday. If employee makes a written request for earlier payment, within 48 hours of receiving the request.
Involuntary resignation: Whichever is first: within 10 days or next payday. If employee makes a written request for earlier payment, within 48 hours of receiving the request.
Indiana
Voluntary resignation: Next Scheduled Payday
Involuntary resignation: Next Scheduled Payday
Iowa
Voluntary resignation: Next Scheduled Payday
Involuntary resignation: Next Scheduled Payday
Kansas
Voluntary resignation: Next Scheduled Payday
Involuntary resignation: Immediately
Kentucky
Voluntary resignation: Whichever is later: within 14 days or next scheduled payday.
Involuntary resignation: Whichever is later: within 14 days or next scheduled payday.
Louisiana
Voluntary resignation: Whichever is first: next scheduled payday or within 15 days.
Involuntary resignation: Whichever is first: next scheduled payday or within 15 days.
Maine
Voluntary resignation: Whichever is first: next scheduled payday or within 2 weeks of a demand from the employee.
Involuntary resignation: Whichever is first: next scheduled payday or within 2 weeks of a demand from the employee.
Maryland
Voluntary resignation: Next Scheduled Payday
Involuntary resignation: Next Scheduled Payday
Massachusetts
Voluntary resignation: Whichever is first: next paycheck or the Saturday that follows an employee’s resignation.
Involuntary resignation: Immediately
Michigan
Voluntary resignation: Next Scheduled Payday
Involuntary resignation: Immediately
Minnesota
Voluntary resignation: Next payday that’s at least 5 days after an employee’s last day but no more than 20 days after the last day worked.
Involuntary resignation: Within 24 hours of demand.
Mississippi
Voluntary resignation: There's no law.
Involuntary resignation: There's no law.
Missouri
Voluntary resignation: There's no law.
Involuntary resignation: Immediately
Montana
Voluntary resignation: Whichever is first: next scheduled payday or within 15 days.
Involuntary resignation: Immediately, but employer can maintain a written policy that extends this time to the next payday or within 15 days.
Nebraska
Voluntary resignation: Whichever is first: next scheduled payday or within two weeks.
Involuntary resignation: Whichever is first: next scheduled payday or within two weeks.
Nevada
Voluntary resignation: Next Scheduled Payday
Involuntary resignation: Immediately
New Hampshire
Voluntary resignation: Next scheduled payday or within 72 hours (if employee gave at least one pay period’s notice).
Involuntary resignation: Within 72 hours.
New Jersey
Voluntary resignation: Next Scheduled Payday
Involuntary resignation: Next Scheduled Payday
New Mexico
Voluntary resignation: Next Scheduled Payday
Involuntary resignation: Within 5 days for fixed amounts and within 10 days for variable amounts (commission etc.)
New York
Voluntary resignation: Next Scheduled Payday
Involuntary resignation: Next Scheduled Payday
North Carolina
Voluntary resignation: employers must send final paychecks through regular pay channels or by traceable mail if requested by an employee in writing.
Involuntary resignation: employers must send final paychecks through regular pay channels or by traceable mail if requested by an employee in writing.
North Dakota
Voluntary resignation: Next Scheduled Payday
Involuntary resignation: Next Scheduled Payday
Ohio
Voluntary resignation: Whichever is first: next scheduled payday or within 15 days.
Involuntary resignation: Whichever is first: next scheduled payday or within 15 days.
Oklahoma
Voluntary resignation: Next Scheduled Payday
Involuntary resignation: Next Scheduled Payday
Oregon
Voluntary resignation: Immediately if the employee gave 48 hours’ notice. Otherwise within 5 days.
Involuntary resignation: Next business day.
Pennsylvania
Voluntary resignation: Next Scheduled Payday
Involuntary resignation: Next Scheduled Payday
Rhode Island
Voluntary resignation: Next Scheduled Payday
Involuntary resignation: Next Scheduled Payday
South Carolina
Voluntary resignation: Within 48 hours or next scheduled payday.
Involuntary resignation: Within 48 hours or next scheduled payday.
South Dakota
Voluntary resignation: Next scheduled payday or when employee returns company property.
Involuntary resignation: Next scheduled payday or when employee returns company property.
Tennessee
Voluntary resignation: Within 21 days or the next regular payday whichever occurs later.
Involuntary resignation: Within 21 days or the next regular payday whichever occurs later.
Texas
Voluntary resignation: Next Scheduled Payday.
Involuntary resignation: Within 6 days.
Utah
Voluntary resignation: Within 24 hours (exceptions apply).
Involuntary resignation: Within 24 hours.
Vermont
Voluntary resignation: Whichever is first: next scheduled payday or next Friday. Involuntary resignation: Within 72 hours.
Virginia
Voluntary resignation: Next Scheduled Payday
Involuntary resignation: Next Scheduled Payday
Washington
Voluntary resignation: Next Scheduled Payday
Involuntary resignation: Next Scheduled Payday
West Virginia
Voluntary resignation: Next Scheduled Payday
Involuntary resignation: Next Scheduled Payday
Wisconsin
Voluntary resignation: Next Scheduled Payday
Involuntary resignation: Whichever is first: next scheduled payday or within one month.
Wyoming
Voluntary resignation: Next Scheduled Payday
Involuntary resignation: Next Scheduled Payday
