Guides / Final paycheck

How to demand your final paycheck

When you quit or are let go, your employer still has to pay for every hour you worked. If the last check is late, short, or missing, a polite but firm written request often fixes it, and it sets up a wage claim if it does not.

1. Know the deadline in your state

There is no federal law requiring an employer to hand over a final paycheck right away; the U.S. Department of Labor explains that federal law only requires that you be paid at least by the next regular payday in many cases. Many states set stricter rules, such as paying on your last day if you are fired, or within a few days if you quit, and some add penalties for late pay. Look up your state labor department’s rules, or see the DOL’s list of state labor offices.

2. Work out exactly what you are owed

List your last pay period, hours worked, rate of pay, any overtime, and commissions or bonuses you earned. Check whether your state requires payout of unused vacation or PTO; some do, some only if company policy says so. Note any deductions the employer took and whether you agreed to them in writing.

3. Send a written request with a deadline

Address it to HR or payroll and the manager you reported to. State your dates of employment, the amount you believe you are owed and how you got it, and a deadline (often 7 to 10 days). Send it by email and by certified mail so you have proof. Ask them to return company property instructions too, if that is holding things up, but an employer generally cannot hold your wages hostage for returned equipment.

4. File a wage claim if they do not pay

If the deadline passes, file a wage claim with your state labor department; it is usually free and you do not need a lawyer. For unpaid minimum wage or overtime, you can also contact the DOL Wage and Hour Division at 1-866-487-9243. Small claims court is another option for smaller amounts.

5. Protect yourself from retaliation

It is generally illegal for an employer to retaliate against you for asking about wages or filing a wage complaint. Keep copies of your pay stubs, schedules, and messages. If you also want a reference or neutral separation terms, our severance negotiation guide may help.

What your letter should include

• Your full name, job title, and employee ID if you had one
• Your start date, last day worked, and whether you quit or were let go
• The pay period, hours, rate, and any overtime, commissions, or PTO owed
• The total amount owed and how you calculated it
• A deadline and how you want to be paid (direct deposit or mailed check)
• A note that you will file a wage claim if not paid

Keep a copy of everything you send, and note the date you sent it.

Sample letter

Adapt this to your situation. Replace everything in [brackets] and remove anything that does not apply.

[Your Name]
[Your Address]

[Date]

[Company Name]
Attn: Payroll / Human Resources
[Company Address]

Re: Unpaid final wages, [Your Name], [Job Title]

Dear [HR Manager or Owner Name],

I worked for [Company] as a [job title] from [start date] until [last day]. My employment ended when I [resigned with notice / was let go] on [date].

I have not received my final paycheck. [Or: My final paycheck was short.] Based on my records, I am owed:
- [32] regular hours from [date] to [date] at $[rate]/hour: $[amount]
- [4] overtime hours at $[rate]/hour: $[amount]
- [24] hours of unused vacation: $[amount]
Total owed: $[total]

Please pay this amount by [date, 7 days from today] by [direct deposit to my account on file / check mailed to the address above], with a pay stub showing the hours and deductions.

If I do not receive payment by then, I will file a wage claim with the [State] Department of Labor.

Thank you,
[Your Name]
[Phone] · [Email]

Frequently asked questions

Can my employer hold my last check until I return equipment?

In most states, no. Employers generally must pay wages earned on time, and many states limit or ban deducting the value of unreturned property without your written consent. Return company property promptly anyway, and get a receipt.

Do I get paid for unused vacation?

It depends on your state and your employer’s written policy. Some states, such as California, treat earned vacation as wages that must be paid out; others leave it to company policy. Check your handbook and your state labor department.

What if my employer went out of business?

You can still file a wage claim with your state labor department. If the company files for bankruptcy, unpaid wages up to a set limit get priority, so file a claim in the bankruptcy case too.