When Workers Leave FAQ

Questions:

• Are there any rules about when I must give workers their final paychecks?
• How do I give a reference for a worker I had to fire?
• Am I legally required to pay severance to workers when they leave?
• Can we fire our employees for any reason, as long as they work at will?
• How can I make sure I won't get sued by a fired employee?
• How should I decide which employees to lay off?
• Is there anything I can do to protect myself from lawsuits by former employees?

Answer:

Are there any rules about when I must give workers their final paychecks?

Yes. Most states have laws requiring employers to give employees their final paychecks very soon after termination -- sometimes on their last day of work. This may mean that you cannot wait for your usual payroll process to issue the final check. In some states, these deadlines depend on whether the employee was fired or quit. For a chart of each state's laws, see Nolo's chart Final Paychecks for Departing Employees.