When you decide to quit your job, one of the first things you probably worry about is whether you’ll still get your final paycheck. Understanding the laws around final pay and what you’re owed can give you peace of mind that you’ll be paid for all the work you’ve done.
The Short Answer
Yes, you are legally entitled to receive your final paycheck, even if you quit your job. Federal and state laws require employers to pay any wages owed to employees who quit or are terminated. This includes your regular hourly or salary pay as well as any unused paid time off, commissions, bonuses, or other compensation earned.
When Will I Get My Final Pay?
Most states require employers to provide a departing employee’s final paycheck on their last day of work or within a certain number of days thereafter – often on the next scheduled payday. For example, if payday is every other Friday and you quit on a Tuesday, you would likely receive your final pay that Friday. Some states require faster payment – within just a couple of days – if employees are fired rather than quitting voluntarily.
State Final Pay Laws
Final pay laws and timing vary by state. Some key statutes include:
- California – Final pay is due immediately upon termination or within 72 hours if employee quits.
- New York – Final pay is due on the regular payday in the pay period when employment ends.
- Florida – Final pay is due on the next scheduled payday.
- Illinois – Final pay is due on the next scheduled payday.
- Texas – Final pay is due within six calendar days of discharge.
Check your state labor department website to find the specific final pay laws and timing requirements in your location.
What Will My Final Paycheck Include?
Your final paycheck will include all of the following that you are owed or have earned up to your last day of work:
- Regular wages – Any salary, hourly pay, or other wages you are due for hours you have already worked but have not yet been paid for.
- Overtime – Pay at 1.5 times your regular hourly rate for any overtime hours worked.
- Commissions – Any commission payments you have earned according to your employer’s commission policy.
- Paid time off – Unused vacation days, sick time, or PTO that you have accrued and are eligible to be paid for per company policy and state law.
- Bonuses or other incentives – Any bonuses, profit-sharing, or other incentive payments for past performance periods that you have qualified for.
- Reimbursements – Any outstanding expense reimbursements you are owed for business expenses previously submitted.
- 401k contributions – Employer contributions owed to your 401k or other retirement plan.
- Severance pay – If you have signed a severance agreement, this pay would be included.
The total of all of these elements should be reflected in your final paycheck. Carefully review your pay stub to make sure it includes everything you are owed.
Can My Employer Withhold My Final Paycheck?
In most cases, it is illegal for employers to withhold any portion of a final paycheck, even if the employee quits or is fired. However, there are some exceptions in which your employer may legally make deductions from final pay:
- Taxes and other required deductions like social security and Medicare.
- Portions of health insurance premiums or retirement contributions that are paid by the employee.
- Union dues or other agreed deductions authorized in writing by the employee.
- Loan repayments or payroll advances according to written agreement.
- Cost of company property that is not returned by the employee, if agreed to in writing.
Outside of these specific situations, final pay cannot be reduced for reasons like lack of notice, negative references, or failure to complete training or transition work. Employers who violate final pay laws may be subject to penalties and fines.
How Should I Request My Final Paycheck?
To make sure you get paid on time, it’s best to request your final pay in writing as part of your resignation letter or email. Include the date that will be your last day of work and clearly state that you expect your final pay on the next regular payday or according to your state’s timing requirements.
A sample final pay request might read:
“My last day of employment with [Company] will be January 31, 2023. I expect my final paycheck, including all wages and any unused PTO I have accrued, to be issued on the next regular payday, February 15, 2023, in accordance with [State] labor law.”
Keep a copy of any written correspondence as your record of requesting final pay. If it is not received when expected, reach out to the company payroll department or your HR representative.
What If My Final Pay Is Late or Incorrect?
If you do not receive your final paycheck when required, or if the amount is inaccurate, there are steps you can take to get the wages you are owed:
- Contact your former employer’s payroll department or HR in writing and request immediate payment of the missing wages.
- If your previous attempts are unsuccessful, file a wage claim with your state labor department’s wage and hour division.
- Consider obtaining a lawyer and taking legal action for violation of wage laws.
Most disputes over final pay can be resolved by contacting the employer directly with evidence of what you are owed. If that does not work, state agencies have the authority to investigate pay violations and collect unpaid wages. Severe or repeated violations may result in fines against the employer.
Avoiding Final Pay Problems
While you have legal rights to your final pay, avoiding problems in the first place is ideal. Some best practices include:
- Keep your own detailed pay records including wages, overtime, PTO accruals, hours worked.
- Request a copy of your employee handbook and understand pay policies.
- Review each pay stub carefully for accuracy and ask about any discrepancies.
- Do not use paid time off in your last week unless required.
- Follow company resignation notice requirements to stay in good standing.
Being proactive about documentation and communicating with your employer can help prevent most final pay issues.
Can I Collect Unemployment If I Quit?
In most cases, employees who voluntarily resign from their jobs are not eligible for unemployment benefits. To qualify for unemployment insurance, you usually have to be laid off through no fault of your own. However, there are some circumstances where you may still be able to collect unemployment after quitting:
- Constructive discharge – Resigning because your employer created an intolerable work environment.
- Medical reasons – Quitting because of a health condition or disability.
- Family care – Resigning to take care of an ill family member.
- Spouse’s relocation – Quitting to follow a spouse who has relocated for work.
Eligibility also varies by state, so contact your state unemployment office to find out if you qualify in your specific situation. Be prepared to provide documentation supporting the reason you had to resign your job.
In most cases, if you quit voluntarily without a compelling personal reason, you will need to find a new job before you can start collecting unemployment checks. However, receiving your final pay is not impacted – you are still owed those wages under the law.
Key Takeaways
- Employees who resign are still owed their final paycheck like any other departing worker.
- Final pay laws require timely payment on the next payday or within days for quitting staff.
- Final pay must include all regular and supplemental wages earned.
- Withholding pay is illegal in most states except for authorized deductions.
- To collect unpaid final wages, contact the company first then file a wage claim.
- Unemployment eligibility after quitting depends on the specific circumstances.
The Bottom Line
Quitting your job does not mean forfeiting the pay that you have rightfully earned. Being aware of your legal rights, documenting your hours and wages, and communicating properly with your employer can ensure you get all the money you’re owed. Pay attention to state final pay deadlines and don’t hesitate to reach out to labor authorities if your final paycheck is not received on time or in full.
| State | Final Pay Deadline |
|---|---|
| California | Immediately upon termination or within 72 hours if employee quits |
| New York | Next regular payday |
| Florida | Next scheduled payday |
| Illinois | Next scheduled payday |
| Texas | Within six calendar days of discharge |