Does federal law say when I must get my final paycheck?
No. The Fair Labor Standards Act has no deadline for a final paycheck, and the U.S. Department of Labor says employers are not required by federal law to pay former employees immediately. The deadline comes from state law. If the regular payday for your last pay period has passed and you have not been paid, the Department says to contact its Wage and Hour Division or your state labor department.
Do I get paid for unused vacation when I leave my job?
It depends on the state. California and Illinois treat earned vacation as wages that must be paid in your final check, and neither allows a policy that takes away vacation you already earned when you leave. New York requires payout unless your employer told you in writing that unused vacation is forfeited. In Washington, Oregon and Minnesota, vacation payout depends on your employer's policy or agreement, and federal law does not require it.
Is my final paycheck due sooner if I am fired than if I quit?
In California, Oregon and Minnesota, yes. A fired California worker must be paid immediately, while a worker who quits without notice must be paid within 72 hours; Oregon and Minnesota also set different clocks for firing and quitting. Washington, Illinois and New York use the same payday-based deadline whether you quit or are fired.
Are commissions part of my final pay?
Yes. Earned commissions are part of the wages owed when a job ends. California's Labor Commissioner says an employer must calculate and pay earned commissions by the final-pay deadline, not on its usual commission cycle. Minnesota has a separate deadline for commissioned salespeople: three working days after a firing, or six working days after a resignation without five days' written notice. New York requires a written commission agreement that says how commissions are paid when the job ends.
What happens if my employer pays my final check late?
Penalties vary. In California a willful delay adds up to 30 days of your daily wages; in Oregon, penalty wages of eight hours' pay per day for up to 30 days; in Minnesota, your average daily earnings for each day late, up to 15 days. Illinois adds damages of 5% of the unpaid amount per month, Washington allows double damages for willful withholding, and New York allows liquidated damages equal to 100% of the unpaid wages unless the employer shows good faith.
Do I get paid for unused sick leave when I leave?
Usually not. The sick-leave laws in California, Washington and Minnesota and Illinois's paid leave law do not require payout at separation, unless your employer's policy promises it or the time sits in a combined vacation or PTO bank. One city rule stands out: Chicago requires employers with 51 or more covered employees to pay out unused Paid Leave (but not Paid Sick Leave) when employment ends.
How long do I have to file a claim for unpaid final wages?
It depends on the state and the forum. California's Labor Commissioner takes most wage claims within three years (four for a written contract), and a lawsuit for the late-pay penalty can be filed as long as the deadline for the underlying wages is open. Illinois wage claims with the state Department of Labor must be filed within one year; Washington's L&I cannot investigate violations more than three years old; New York lawsuits under its wage law have six years. Ask the state agency listed on this page for the deadline that applies to you.
