In some states, these time limits vary depending on whether the employee quit or was fired. Some states require employers to pay out accrued, unused vacation days with the final paycheck; the chart below does not include these vacation pay rules.
Many employers break these laws out of ignorance. They assume that paying the employee on the usual payroll schedule is sufficient. But violating these laws—even unwittingly—can be costly.
In some states, if an employer fails to pay a departing employee within the legal time limits, the employer may have to pay additional penalties, interest, and any attorneys' fees and legal costs the employee spends in forcing the employer to comply.
Below is a rundown of state laws regarding the timing of final paychecks.
State | Final Paycheck Deadline |
Alabama | No statute |
Alaska |
If employee is fired: within three working days. If employee quits: next regular payday at least three days after employee gives notice. (Alaska Stat. § 23.05.140.) |
Arizona |
If employee is fired: within seven working days or next payday, whichever is sooner. If employee quits: next payday. (Ariz. Rev. Stat. Ann. § 23-353.) |
Arkansas |
If employee is fired: next regular payday. If employee quits: next regular payday. |
California |
If employee is fired: immediately. If employee quits: within 72 hours, or immediately if employee has given at least 72 hours' notice. (Cal. Lab. Code § § 201, 202, and 227.3.) |
Colorado |
If employee is fired: immediately. (Within six hours of start of next workday, if payroll unit is closed; 24 hours if unit is offsite.) Employer decides method of delivery. If employee quits: next scheduled payday. (Colo. Rev. Stat. Ann. § 8-4-109.) |
Connecticut |
If employee is fired: next business day after discharge. If employee quits: next scheduled payday. (Conn. Gen. Stat. Ann. § 31-71c.) |
Delaware |
If employee is fired: next scheduled payday. If employee quits: next scheduled payday. (Del. Code Ann. tit. 19, § 1103.) |
District of Columbia |
If employee is fired: next business day. If employee quits: next scheduled payday or within seven days, whichever is sooner. (D.C. Code § 32-1303.) |
Florida |
No statute |
Georgia |
No statute |
Hawaii |
If employee is fired: immediately, or next business day if conditions prevent immediate payment. If employee quits: next scheduled payday, or immediately if employee gives one pay period's notice. (Haw. Rev. Stat. § 388-3.) |
Idaho |
If employee is fired: next payday or within 10 days (excluding weekends & holidays), whichever is sooner. If employee makes a written request for earlier payment, within 48 hours of receiving request (excluding weekends & holidays). If employee quits: next payday or within 10 days (excluding weekends & holidays), whichever is sooner. If employee makes a written request for earlier payment, within 48 hours of receiving request (excluding weekends & holidays). (Idaho Code § § 45-606, 45-617.) |
Illinois |
If employee is fired: at time of separation if possible, but no later than next payday. If employee quits: at time of separation if possible, but no later than next payday. (820 Ill. Comp. Stat. 115/5.) |
Indiana |
If employee is fired: next scheduled payday. If employee quits: next scheduled payday. If employee has not provided a forwarding address, employer may wait until 10 days after employee demands wages or until employee provides an address where the check may be mailed. (Ind. Code § § 22-2-9-1 and 22-2-5-1.) |
Iowa |
If employee is fired: next scheduled payday. If employee quits: next scheduled payday. (Iowa Code Ann. § 91A.4.) |
Kansas |
If employee is fired: next scheduled payday. If employee quits: next scheduled payday. (Kan. Stat. Ann. § 44-315.) |
Kentucky |
If employee is fired: next scheduled payday or within 14 days, whichever is later. If employee quits: next scheduled payday or within 14 days, whichever is later. (Ky. Rev. Stat. Ann. § 337.055.) |
Louisiana |
If employee is fired: next payday or within 15 days, whichever is earlier. If employee quits: next payday or within 15 days, whichever is earlier. (La. Rev. Stat. Ann. § 23:631.) |
Maine |
If employee is fired: next scheduled payday or within two weeks after demand, whichever is earlier. If employee quits: next scheduled payday or within two weeks after demand, whichever is earlier. (Me. Rev. Stat. Ann. tit. 26, § 626.) |
Maryland |
If employee is fired: next scheduled payday. If employee quits: next scheduled payday. (Md. Lab. & Emp. Code Ann. § 3-505.) |
Massachusetts |
If employee is fired: day of discharge. If employee quits: next payday. If no scheduled payday, then the following Saturday. (Mass. Ann. Laws ch. 149 § 148.) |
Michigan |
If employee is fired: next payday. If employee quits: next payday. (Mich. Comp. Laws § § 408.474 and 408.475.) |
Minnesota |
If employee is fired: immediately upon demand by employee. If employee quits: next payday. If payday is less than five days after last day of work, employer may pay on the following payday or 20 days after last day of work, whichever is earlier. (Minn. Stat. § § 181.13 and 181.14.) |
Mississippi | No statute |
Missouri | If employee is fired: day of discharge. (Mo. Ann. Stat. § 290.110.) |
Montana |
If employee is laid off or fired for cause: immediately, unless employer has a written policy extending this time to the next payday or within 15 days, whichever is earlier. If employee quits: next payday or within 15 days, whichever is earlier. (Mont. Code Ann. § 39-3-205.) |
Nebraska |
If employee is fired: next scheduled payday or within two weeks, whichever is earlier If employee quits: next payday or within two weeks, whichever is earlier. (Neb. Rev. Stat. § 48-1230.) |
Nevada |
If employee is fired: immediately. If employee quits: next scheduled payday or within seven days, whichever is earlier. (Nev. Rev. Stat. § § 608.020 and 608.030.) |
New Hampshire |
If employee is fired: within 72 hours. If employee is laid off, employer may wait until the next payday. If employee quits: next scheduled payday, or within 72 hours if employee gives one pay period's notice. (N.H. Rev. Stat. Ann. § 275:44.) |
New Jersey |
If employee is fired: next scheduled payday. If employee quits: next scheduled payday. (N.J. Stat. Ann. § 34:11-4.3.) |
New Mexico |
If employee is fired: within five days. If employee quits: next payday. (N.M. Stat. Ann. § § 50-4-4, 50-4-5.) |
New York |
If employee is fired: next scheduled payday. If employee quits: next scheduled payday. (N.Y. Labor Laws § 191.) |
North Carolina |
If employee is fired: next scheduled payday. If employee quits: next scheduled payday. (N.C. Gen. Stat. § 95.25.7.) |
North Dakota |
If employee is fired: next payday. If employee quits: next payday. (N.D. Cent. Code § 34-14-03.) |
Ohio | If employee is fired or quits: next scheduled payday. (Ohio Rev. Code Ann. § 4113.15.) |
Oklahoma |
If employee is fired: next scheduled payday. If employee quits: next scheduled payday. (Okla. Stat. Ann. tit. 40, § 165.3.) |
Oregon |
If employee is fired: end of first business day after termination. If employee quits: immediately, if employee has given 48 hours' notice (excluding weekends & holidays). Without 48 hours' notice, within five days or the next payday, whichever occurs first (must be within five days if employee submits time records to determine wages due). (Or. Rev. Stat. § 652.140.) |
Pennsylvania |
If employee is fired: next scheduled payday. If employee quits: next scheduled payday. (43 Pa. Cons. Stat. Ann. § 260.5.) |
Rhode Island |
If employee is fired: next scheduled payday. If termination is due to merger, relocation, or liquidation of business, within 24 hours. If employee quits: next scheduled payday. (R.I. Gen. Laws § 28-14-4.) |
South Carolina | If employee is fired or quits: within 48 hours or next scheduled payday, but not more than 30 days. (S.C. Code Ann. § 41-10-50.) |
South Dakota |
If employee is fired: next payday or when employee returns employer's property. If employee quits: next payday or when employee returns employer's property. (S.D. Codified Laws § § 60-11-10 and 60-11-14.) |
Tennessee |
If employee is fired: next scheduled payday or within 21 days, whichever is later. If employee quits: next scheduled payday or within 21 days, whichever is later. (Tenn. Code. Ann. § 50-2-103.) |
Texas |
If employee is fired: within six days. If employee quits: next payday. (Texas Code Ann., Labor § 61.014) |
Utah |
If employee is fired: within 24 hours. If employee quits: next scheduled payday. (Utah Code Ann. § 34-28-5.) |
Vermont |
If employee is fired: within 72 hours. If employee quits: next scheduled payday or, if no scheduled payday exists, the next Friday. (Vt. Stat. Ann. tit. 21, § 342.) |
Virginia |
If employee is fired: next scheduled payday. If employee quits: next scheduled payday. (Va. Code § 40.1-29.) |
Washington |
If employee is fired: end of next pay period. If employee quits: end of next pay period. (Wash. Rev. Code § 49.48.010.) |
West Virginia |
If employee is fired: next scheduled payday. If employee quits: next scheduled payday. (W. Va. Code § 21-5-4.) |
Wisconsin |
If employee is fired: next payday or within one month, whichever is earlier. If termination is due to merger, relocation, or liquidation of business, within 24 hours. If employee quits: next payday. (Wis. Stat. Ann. § 109.03.) |
Wyoming |
If employee is fired: next payday. If employee quits: next payday. (Wyo. Stat. Ann. § 27-4-104.) |
Keep in mind that losing your job does not necessarily spell financial disaster. Below, you'll find a list of immediate actions you can take to make your transition easier. Some involve conserving your resources; others involve developing new sources of income. All will help you maintain your financial health through this difficult time.
Before you sever ties with your former employer, make sure to turn in all of your expense reports and to receive a paycheck for all your work, through your very last day. (For information on how soon you can expect your check, see Chart: Final Paychecks for Departing Employees.)
If your state's law or employer's policies give you the right to be paid for unused vacation time, make sure that's included in your final paycheck. A few employers pay out unused sick or personal leave, too.
If you and your employer are parting ways on good terms, ask your supervisor (or anyone you know at the organization) whether you might be hired to do freelance or part-time work. Sometimes a downsizing company might rehire you in another capacity, or a sympathetic supervisor (or manager of another department) may be helpful in providing you with projects or leads.
State rules for unemployment compensation vary, but in general, if you have worked enough hours in the past year or so and lost your job through no fault of your own, you are probably eligible for unemployment benefits. Laid-off workers are typically eligible for benefits, while fired employees will be eligible unless they were fired for misconduct. (For more information, see Nolo's articles on Collecting Unemployment Benefits.)
If you had health insurance through your employer, complete any necessary paperwork to keep those benefits in place. Under the Consolidated Omnibus Budget Reconciliation Act (commonly known as COBRA), you can keep employer-based group insurance coverage for yourself and dependents for up to 18 months (sometimes longer).
You will have to pay the full premium for coverage. Paying the full premium can be a real financial strain, but it should cost significantly less than buying your own individual policy. Your health plan should send you an "election notice" within 45 days of your job loss, and you have 60 days to decide whether to elect COBRA continuation coverage.
If you do elect to continue your coverage, you'll have 45 days after your election to pay the initial premium. (For more information, see Your Rights When You Leave a Job.)
Make a list of your monthly expenses and determine which you can cut, or at least reduce, immediately. Good candidates for cutbacks include restaurant meals, premium cable subscriptions, clothing purchases, house cleaners, gardeners, and any other nonessential purchases. Remember that you can resume your normal spending habits once you're working again.
If your cash reserves are short and you are unable to pay certain bills, make sure to pay the essential ones first. Don't risk losing your house, being cut off from medical care, or getting in trouble with the IRS when you could have let less crucial bills -- such as your cable TV bill or your magazine subscriptions -- slide. Also consider contacting your creditors to ask for a short-term hold or reduction on your payments. When discussing alternative payment arrangements with creditors, be sure to ask if the new arrangement will negatively affect your credit rating. (For more information, see Nolo's article Which Debts Must You Repay?)
If you have the space, a short-term roommate can help mitigate the cost of your mortgage or rent. You might also consider a part-time roommate, someone who commutes from afar and needs a bed only a few nights a week.
House-sit, walk dogs, or be a companion for an older person. These and other part-time, low-commitment jobs can offer immediate income while allowing you time to conduct your search for a new job in your field.
One major risk of unemployment is spiraling debt. Credit card debt is notoriously difficult to pay off, given the high interest rates, service charges, and late fees. Do everything you can to avoid getting into, or deeper into, any kind of debt.
Remember, millions of others have faced a job loss and lived to tell about it. Many successful people have lost their jobs, only to go on to better things. And losing your job is not a reflection on your worth as a person, or even on the quality of your work. With the right attitude, you can use this opportunity to take a step back and consider new directions that may well prove to be more rewarding both personally and financially.
Whether you choose to do all or just some of the above, you'll be taking important and useful steps to manage your finances during this difficult time.
For more help with the legal issues surrounding a job loss and financial management, consult the following resources from Nolo: Your Rights in the Workplace, by Barbara Kate Repa, and Solve Your Money Troubles: Debt, Credit & Bankruptcy, by Robin Leonard and Margaret Reiter.
]]>And applying for the wrong income replacement program can waste many more precious days, weeks, or even months.
The three major income replacement programs are:
Many disabled employees qualify for benefits under both workers’ compensation and Social Security disability insurance. There is nothing illegal about collecting from both at the same time if both claims are valid.
However, if you qualify for benefits from both programs, the total benefits you receive from both programs cannot equal more than 80% of your average earnings prior to becoming disabled.
Some states also allow disabled workers to collect both unemployment and workers’ compensation benefits at the same time. When in doubt, file truthful claims for any program for which you might logically qualify and let the system decide whether you are eligible for benefits under one or both.
Although the government insurance programs covering unemployment, workplace injuries, and permanent disability are the most substantial sources of replacement income for people who are out of work, there are other options.
While you were working, you or your employer may have been paying into a private disability insurance program. If you were paying for it through payroll withholdings, or if your employer paid the full premium, you may have forgotten that you even have this coverage.
Coverage and eligibility for benefits differ among policies and companies. Review the employee policy manual or packet that your employer gave you when you took the job to see whether any private disability coverage is described there. If not, the people who handle benefits for your employer should be able to help you determine whether you have such coverage.
A few states—including California, Hawaii, New Jersey, New York, and Rhode Island—offer disability benefits as part of their unemployment insurance programs. Typical program requirements mandate that you submit your medical records and show that you requested a leave of absence from your employer.
Some may also require proof that you intend to return to your job when you recover. Call the local unemployment insurance and workers’ compensation insurance offices (or visit their websites) to determine whether your state maintains this kind of coverage.
Some retirement plans allow withdrawals prior to retirement for emergency purposes. The administrator of your plan can advise you on whether you have this option.
Although many people incorrectly think that the federal food stamp program is a form of welfare, it is actually financed by the U.S. Department of Agriculture as a way of increasing the demand for food products. You do not have to be receiving welfare to qualify for food stamps. In fact, the eligibility formula for food stamps makes them available to many people who are not all that poor. If your income is eliminated or significantly reduced for several months because you are not working, check on whether you are eligible for food stamps.
To locate the agency in your area that issues food stamps, scan the county government offices listings in the telephone directory. Typically, you will find a listing for food stamp information under a category such as human services. If not, call your local office of the U.S. Department of Agriculture. Or get more information about the USDA’s Food and Nutrition Service online at www.fns.usda.gov.
There are programs that provide income to veterans of the U.S. military who become unable to work because of a disability, even if that disability is not a result of military service. Additional specialized laws also provide veterans returning from service with the right to return to their jobs without losing seniority or benefits.
However, laws protecting veterans’ rights, particularly their job rights, are passed and repealed with the changing of the political winds—making it tough to keep current. Your local Department of Veterans Affairs office, listed in the federal government agency section of the telephone directory, can give you details. Regional offices are also listed on the VA’s website at www.vba.va.gov.
Usually known as SSI, this program provides money to disabled people who have low incomes and very few assets. Unlike Social Security disability insurance, it does not require you to have worked under and paid into the Social Security program. If the circumstances surrounding your inability to earn income are so unusual that you have fallen between the cracks of the larger programs, SSI may be the one program that provides you with some income.
You can get details and file a claim at your local Social Security Administration office. (Find basic information on the program in What Is Supplemental Social Security Income?)
The U.S. Department of Labor also runs a federal program that provides money benefits to victims of anthracosilicosis—an occupational disease often suffered by miners. Typically known as black lung, the disease is caused by long exposure to coal particles in the air. It frequently leaves miners unable to work because they cannot breathe properly.
The benefits under this program are also payable to dependents of black lung victims, so the best way to research your eligibility for those benefits is to investigate details of the program at your labor department office. Or look for information and contact details at www.dol.gov.
Disaster Unemployment Assistance (DUA), also referred to as Disaster Relief and Emergency Assistance, is a federal program that provides temporary financial assistance to individuals unemployed as a result of a major disaster declared by the president.
Common casues of disasters are severe storms, flooding, wildfires, and earthquakes. For a current list of the declared disasters, see the Federal Emergency Management Agency’s website at www.fema.gov/news/disasters.fema.
To qualify for DUA, you must meet two major requirements. You must be out of work as a “direct result” of a major disaster. And you must not qualify for regular unemployment insurance (UI) from any state. Once found to be eligible for DUA, workers must actively look for work and accept suitable work offered them, not unlike UI recipients (unless the state opts to temporarily suspend its work search requirements for some workers).
In addition, a person must show that for every week he or she is collecting DUA, his or her unemployment continues to be the direct result of the disaster, not other factors.
Like Social Security, most people think that Medicare is reserved solely for elderly people. But, in fact, it also covers disabled people and can be a good way of coping with medical bills when an injury or illness prevents you from working.
However, you should be aware that the federal government has been tightening the restrictions for Medicare for those less than 65 years old, so this type of coverage may be difficult to secure.
For more details on this program, call the Medicare information line: 800-952-8627 or go to www.medicare.gov.
In some cases it can make sense to hire an attorney to assist with your application for benefits. For example, if you've been denied unemployment benefits, Social Security disability benefits, or veterans' benefits, it's often a good idea to hire an attorney to handle your appeal.
Find an employment attorney near you by using our Lawyer Directory.