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What should I do if my employer won't give my final paycheck?

Updated July 1, 2026United States

Short answer

Final wages are generally due after a job ends, and many states set a specific deadline for when — some require payment immediately at termination, others by the next regular payday, and the rule can differ depending on whether you quit or were fired. The exact timing, and whether unused vacation must be paid out, vary by state, so check your state labor office. Write down what the final pay should add up to, request it in writing, and if it isn't paid, file a wage claim with your state labor office or the U.S. Department of Labor.

A final paycheck feels personal, but it's just wages you've earned. Treat it like any other unpaid-wage problem: pin down the number, the deadline, and the record.

Step by step

  1. Confirm exactly what the final pay should add up to

    Add up your final hours, any unpaid overtime or commissions, and any accrued time your state or employer policy pays out. Know the number before you ask for it.

  2. Check your state's final-paycheck timing

    Some states require the final check immediately on termination, others by the next payday, and the rule can differ for quitting versus being fired. Don't assume — look it up through your state labor office, because this is exactly the kind of thing that varies.

  3. Request it in writing

    Send a clear message stating the amount outstanding and where to send the check (a forwarding address), and keep a copy. A written request is both a nudge and a dated record that you asked.

  4. Gather your records

    Collect pay stubs, timesheets, your offer letter, and any communications about your pay or departure. These back up both the amount and the timeline.

  5. File a wage claim if it's still unpaid

    Your state labor office and the DOL's Wage and Hour Division both handle unpaid final wages. There are deadlines to file, which vary by state, so act rather than wait.

  6. Ask about late-payment penalties

    Some states add a penalty when final pay is late — sometimes called a "waiting time penalty." Whether one applies, and how much, varies, so ask your state labor office when you check the timing rule.

  7. Keep documenting

    Log every request and response through to payment. A clean record makes a wage claim straightforward if it comes to that.

Plain-English terms

Final paycheck / final wages
The pay for the last period of work, which falls due when a job ends. When it must be paid is set by your state, and the rules can differ for quitting versus being fired.
Waiting time penalty
Extra money some states require an employer to pay when a final paycheck is late. Whether one exists and how it's calculated varies by state.
Accrued vacation / PTO payout
Whether unused vacation or paid time off must be paid out when you leave depends on your state's law and your employer's policy — it isn't universal.
Wage claim
A formal complaint to a labor agency to recover unpaid wages, including a withheld final paycheck. Filing is often free, with deadlines that vary.
State labor office
Your state's agency for wage issues (often a labor commissioner or department of labor). Because final-pay rules are state-specific, this is the place to confirm yours.

The tool for this

rippedoffworker

This guide tells you what to do. rippedoffworker does it with you — the final hours, unpaid pay and any owed time totaled into one number, with your written requests kept alongside. Every entry is dated for you.

  • Total your final hours, unpaid pay and unused time in one place
  • Keep your written requests and pay stubs together, dated
  • Export a complete, organized record for the DOL, your state labor office, or an attorney
See rippedoffworker

Related questions

This is general information to help you keep your own records — not legal advice. Final-paycheck timing, penalties and vacation-payout rules vary by state — check your state labor office and the U.S. Department of Labor for your situation.