Can my employer withhold my final paycheck?

Withholding a final paycheck is unlawful in all 50 states, regardless of the reason for separation. An employer cannot withhold your final wages because you failed to return equipment, gave insufficient notice, or are involved in a dispute. The final paycheck must include all wages earned through your last day of work, including regular pay, overtime, and any accrued vacation or PTO that your state requires to be paid out.

Deadlines for the final paycheck vary by state and by how employment ended. In California, if you are fired or laid off, your employer must pay your final wages on your last day of employment — immediately. If you resign with at least 72 hours' notice, payment is also due on the last day; if you resign without notice, it is due within 72 hours. Other states are less strict: some require payment by the next regular payday, others within a set number of days (typically 3–14 business days).

If your employer withholds your final paycheck, file a wage claim with your state's department of labor as soon as possible. You may be entitled to waiting time penalties (in California, for example, up to 30 days' worth of wages if the employer willfully fails to pay), interest, and attorney's fees. You can also sue in small claims court for amounts within that court's jurisdictional limit. Do not sign any release of claims in exchange for receiving wages you were already owed.