How soon after employment termination must a terminated employee be given his or her final paycheck?
This will depend on the wage payment law of the state in which the employee is employed; these laws are not all the same. Typically, the final paycheck must be provided by no later than the day on which the employee would have been paid if employment had not terminated (e.g., by the next regular payday). Payment may be required sooner, however, depending on the state. The time by when payment is required may also depend on whether the employee was fired or resigned. For instance, in Maryland and Virginia, the final paycheck is required to be paid by the date on which the employee would normally have been paid. In the District of Columbia, when the employer discharges the employee payment is normally required no later than the working day following the discharge; if the employee quit or resigned, payment is normally due upon the next regular payday or within 7 days from the date the employee quit or resigned, whichever is earlier.
The above questions and answer was provided by Michael J. Froehlich, a partner in the Employment and Labor Law Practice at Shulman, Rogers, Gandal, Pordy & Ecker, P.A. in Potomac, Maryland, which regularly addresses employment law issues for The Payroll AnswerMan.
Disclaimer: The above question and answer are for informational purposes only, and do not constitute legal advice. Readers are responsible for obtaining the necessary advice about their specific situations from their own counsel.





