Federal law requires only that final wages arrive by the next regular payday. Many states impose a specific deadline, and several set a shorter one where the employer ended the employment than where you did. California is the strictest example: immediately on discharge, and within 72 hours where you quit without notice.
Why the distinction exists
An employer who decides to end employment knows in advance and can prepare the final payment. A resignation without notice arrives unexpectedly, so states allow more time. Give notice and you usually accelerate your own deadline.
What has to be in it
All wages earned through the last day, including overtime and any earned commission that is calculable. Accrued unused vacation is treated as earned wages in some states and forfeitable in others — that single question is worth checking before you resign rather than after.
Whether a discretionary bonus or an unvested amount is included depends on the plan document, not on fairness.
Penalties are what give these rules teeth
Several states impose waiting-time penalties that continue accruing for each day the final payment is late, up to a cap. Those penalties can exceed the unpaid wages themselves, which is why the deadline is worth knowing precisely.
What an employer may not do
Withhold your final pay until you return equipment, sign a release, or complete an exit process. Earned wages are not leverage. An employer with a claim about equipment has to pursue it separately, and may not deduct for it if that takes you below the minimum wage.
Before your last day
Take copies of your stubs, record your final hours, note your accrued leave balance, and check your state’s deadline and its vacation rule. All four are far easier to do while you still have access to the systems.
Common questions
When is my final paycheck due?
Federally, the next regular payday. Many states set a specific deadline, and several make it shorter when the employer ended the employment.
Does it matter whether I quit or was fired?
In several states, yes. California requires immediate payment on discharge and within 72 hours where you quit without notice.
Is unused vacation included?
It depends on the state. Some treat accrued leave as earned wages and some allow forfeiture, so check before resigning.
Can pay be withheld until I return equipment?
No. Earned wages are not leverage, and a deduction for equipment cannot take you below the minimum wage.
What if it is late?
Several states impose waiting-time penalties accruing daily up to a cap, which can exceed the unpaid wages themselves.