Helping Organizations with Employee Concern Employers: Book Time With THE FIRM
Courtside with Brian :: Final Pay

Courtside with Brian :: Final Pay

#lynchlaw #litigation May 25, 2023

Welcome to the Lynch Law Firm blog, which provides valuable insights into employment law matters. In today's article, we will address a commonly asked question from employers: "When do I have to pay an employee their final paycheck?" As experts in employment law, we aim to clarify this topic and help you navigate the legal landscape seamlessly. I am Brian Levy, an esteemed attorney at the Lynch Law Firm. I invite you to explore this essential information to ensure compliance and protect your outstanding people and profits.

When is a Final Paycheck Due?

In employment law, the timing of an employee's final paycheck depends on the circumstances surrounding their departure from the company. There are two distinct scenarios to consider: termination and resignation. Let's delve into the details of each.


If an employee is terminated, knowing they are entitled to their final paycheck within a specific timeframe is crucial. As an employer, you must give the employee their final compensation within six days of termination. This ensures that the employee receives their due remuneration promptly and by the law.


When an employee voluntarily resigns, the timeline for issuing the final paycheck changes. In this case, the employee should be paid their outstanding wages on the next regularly scheduled payday. It's important to remember that the employee's final paycheck should include all wages earned up until their last day of employment, including any accrued vacation or paid time off. 

The Importance of Compliance:

Understanding and adhering to the regulations governing final paychecks is paramount for employers. Failure to comply with these guidelines can lead to legal consequences and potential lawsuits, damaging your reputation and impacting your bottom line. By ensuring timely and accurate payment, you demonstrate respect for your employees' rights and maintain a positive working relationship even during times of transition.

Seeking Expert Legal Guidance:

Navigating employment law can be complex, and it's crucial to have a trusted advisor by your side. At the Lynch Law Firm, we specialize in employment law matters and can provide the guidance you need. Our team of skilled attorneys, including myself, Brian Levy, profoundly understands the intricate nuances of labor regulations. With our support, you can confidently navigate employment law complexities, mitigate risks, and safeguard your business's reputation.


In summary, the timing of an employee's final paycheck is contingent upon the circumstances of their departure. Terminated employees should receive their last paycheck within six days while resigning employees are entitled to their final compensation on the next regularly scheduled payday. Complying with these guidelines is vital to maintaining a positive relationship with your workforce and protecting your business from potential legal disputes.

If you have further questions or require legal assistance regarding employment law matters, don't hesitate to contact the Lynch Law Firm. Our experienced attorneys are dedicated to helping you achieve compliance, protect your employees, and maximize your profitability. Together, we can be the linchpin to your success in navigating the intricacies of employment law.