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Termination Requirements by State 2024
Termination requirements for employees, whether they quit voluntarily or are terminated by their employer, are governed by state labor laws and regulations. These laws, overseen by state labor departments or similar regulatory bodies, outline the obligations employers have regarding the timing of final paychecks. For instance, in South Carolina, laws mandate that final paychecks must be issued within a specified timeframe for both scenarios. Conversely, some states like Alabama and Georgia do not have specific laws regarding termination requirements, leaving it up to the discretion of employers. This diversity highlights the complexity of employment law in the United States and underscores the importance of understanding and adhering to the specific regulations in each state.
State | Employee Terminated Final Check Delivery | Employee Quit Final Check Delivery | Citation | Citation Link | Separation Letter Details |
|---|---|---|---|---|---|
| New Hampshire | Within 72 hours. However, if employee is laid off, may be next scheduled payday | Next scheduled payday or within 72 hours (if the employee gave at least one pay period's notice) | New Hampshire Revised Statute § 275:44 | Source | |
| Vermont | Within 72 hours | Next scheduled payday, or on the next Friday if there are no scheduled paydays | Vermont Statute tit. 21 § 342 | Source | |
| West Virginia | Within 72 hours | Immediately if the employee has given at least one pay period's notice. If the employee has not provided such notice, next scheduled payday | West Virginia Code § 21-5-4 | Source | |
| South Carolina | Within 48 hours or on next scheduled payday, but not more than 30 days later | No law exists | South Carolina Codified Law § 41-10-50 | Source | All employers must provide separating employees with a “Notice of the Availability of Unemployment I... |
| Utah | Within 24 hours | Within 24 hours | Utah Code § 34-28-5 | Source | |
| Arizona | Within 7 working days or on next scheduled payday, whichever occurs first | Next scheduled payday | Arizona Revised Statute § 23-353 | Source | |
| Arkansas | Within 7 days | Next scheduled payday | Arkansas Code § 11-4-405 | Source | |
| Texas | Within 6 days | Next scheduled payday | Texas Code, Labor § 61.014 | Source | |
| New Mexico | Within 5 days | Next scheduled payday | New Mexico Statute § 50-4-4 § 50-4-5 | Source | |
| Wyoming | Within 5 business days | Within 5 business days | Wyoming Statute § 27-4-104 | Source | |
| Alaska | Within 3 working days | Next scheduled payday that is at least three days after the employee gives notice | Alaska Statute § 23.05.140 | Source | |
| Alabama | No law exists | No law exists | All employees who become unemployed must be given a printed statement detailing how they can file fo... | ||
| Florida | No law exists | No law exists | |||
| Georgia | No law exists | No law exists | Regardless of the reason for separation, employers must complete form DOL-800. This form must be del... | ||
| Mississippi | No law exists | No law exists | Employers must have an unemployment law poster clearly visible to employees | ||
| Ohio | No law exists | On the first day of the month for wages that were earned in the first half of the prior month, or on the fifteenth day of the month for wages earned in the second half of the prior month | Ohio Revised Code § 4113.15 | Source | |
| Louisiana | Next scheduled payday, or within 15 days, whichever occurs earlier | Next scheduled payday, or within 15 days, whichever occurs earlier | Louisiana Revised Statute § 23:631 | Source | Employers must file (online only) a separation notice within three days of the date of separation. T... |
| Maine | Next scheduled payday or within two weeks after a demand from the employee, whichever comes first | Next scheduled payday or within two weeks after a demand from the employee, whichever is earlier | Maine Revised Statute tit. 26 § 626 | Source | |
| Kentucky | Next scheduled payday or within 14 days, whichever occurs later | Next scheduled payday, or within 14 days, whichever occurs later. | Kentucky Revised Statute § 337.055 | Source | |
| Idaho | Next scheduled payday or within 10 days, whichever occurs first. If employee gives a written request for earlier payment, within 48 hours of receiving the request | Next scheduled payday, or within 10 days, whichever occurs first. However, if employee makes a written request for earlier payment, within 48 hours of receiving the request | Idaho Code § 45-606 § 45-617 | Source | |
| South Dakota | Next scheduled payday or when the employee returns the employer's property | Next scheduled payday or when the employee returns the employer's property | South Dakota Codified Law § 60-11-10 § 60-11-14 | Source | |
| Delaware | Next scheduled payday | Next scheduled payday | Delaware Code Annotated title 19, § 1103 | Source | |
| Indiana | Next scheduled payday | Next scheduled payday | Indiana Code § 22-2-9-2 § 22-2-5-1 | Source | |
| Iowa | Next scheduled payday | Next scheduled payday | Iowa Code § 91A.4 | Source | When an employee leaves or refuses employment and the employer believes they are not qualified for u... |
| Kansas | Next scheduled payday | Next scheduled payday | Kansas Statute § 44-315 | Source | |
| Maryland | Next scheduled payday | Next scheduled payday | Maryland Labor and Employment Code § 3-505 | Source | Employers must provide separated employees a notice of unemployment availability |
| Michigan | Next scheduled payday | Next scheduled payday | Michigan Compensation Laws § 408.474 § 408.475 | Source | Form UIA 1711 must be provided at the time of separation unless employers are filing claims on behal... |
| New Jersey | Next scheduled payday | Next scheduled payday | New Jersey Statute § 34:11-4.3 | Source | Regardless of the reason for separation, all employees who will be separated from employment for at ... |
| New York | Next scheduled payday | Next scheduled payday | New York Labor Law § 191 | Source | All employers subject to the state’s unemployment law must inform employees of their right to apply ... |
| North Carolina | Next scheduled payday | Next scheduled payday | North Carolina General Statute § 95.25.7 | Source | |
| Oklahoma | Next scheduled payday | Next scheduled payday | Oklahoma State tit. 40 § 165.3 | Source | |
| Pennsylvania | Next scheduled payday | Next scheduled payday | Pennsylvania Consolidated Statute § 260.5 | Source | All employers must notify separating employees of the availability of unemployment compensation. For... |
| Rhode Island | Next scheduled payday | Next scheduled payday | Rhode Island General Law § 28-14-4 | Source | All employers must provide notice to separating employees of the availability of unemployment compen... |
| Virginia | Next scheduled payday | Next scheduled payday | Virginia Code § 40.1-29 | Source | |
| Washington | Next scheduled payday | Next scheduled payday | Washington Revised Code § 49.48.010 | Source | |
| Connecticut | Next business day | Next scheduled payday | Connecticut General Statutes § 31-71c | Source | All departing employees must be provided with Form UC-61, “Unemployment Separation Packet/Notice.” I... |
| District of Columbia | Next business day | Next scheduled payday, or within seven days, whichever comes first | District of Columbia Code § 32-1303 | Source | |
| Oregon | Next business day | Immediately, if the employee has given at least 48 hours' notice. If employee does not give notice, final check must be given within five days or Next scheduled payday, whichever occurs first | Oregon Revised Statute § 652.140 | Source | |
| Tennessee | Later of next scheduled payday or 21 days | Next scheduled payday or within 21 days, whichever is later | Tennessee Code § 50-2-103 | Source | Within 1 day of separation, employers must provide departing employees with Form LB-0489, unless the... |
| Montana | Immediately. The employer has the option of maintaining a written policy that extends this time to earlier of next scheduled payday or 15 days | Next scheduled payday or within 15 days, whichever is earlier | Montana Code § 39-3-205 | Source | |
| Hawaii | Immediately, or next business day if there are conditions that prevent immediate payment | Next scheduled payday, unless employee gave at least one pay period's notice, then check must be given immediately | Hawaii Revised Statute § 388-3 | Source | |
| California | Immediately | Within 72 hours, unless employee has given more than 72 hours' notice, then, check must be given immediately | California Labor Code § 201 § 202 § 227.3 | Source | All employees who are discharged, laid off, take a leave of absence, or have a similar change in the... |
| Massachusetts | Immediately | Next scheduled payday or, if there is no scheduled payday, on the Saturday that follows an employee's resignation | Massachusetts Laws ch. 149 § 148 | Source | All employees separated from work, whether temporary or permanent, must be provided with Form 0590-A... |
| Minnesota | Immediately | Next scheduled payday. However, if the payday is less than five days after the last day that the employee works, the employer must pay on the next payday or 20 days after the employee's last day of work, whichever is earlier | Minnesota Statute § 181.13 § 181.14 | Source | |
| Missouri | Immediately | No law exists | Missouri Revised Statute § 290.110 | Source | Employers must provide separating employees with Form M-INF-288-5 |
| Nevada | Immediately | Next scheduled payday or within seven days, whichever occurs first | Nevada Revised Statute § 608.020 | Source | Notice DETR-ESD must be provided to all departing employees |
| Colorado | Immedately if the payroll unit is open when termination occurs, within 6 hours of the start of the next working day if payroll was closed, or within 24 hours if the payroll unit is offsite | Next scheduled payday | Colorado Revised Statute § 8-4-109 | Source | |
| Nebraska | Earlier of next scheduled payday or two weeks | Next scheduled payday or within two weeks, whichever occurs first | Nebraska Revised Statute § 48-1230 | Source | |
| Wisconsin | Earlier of next scheduled payday or one month. If the termination is a result of a merger, relocation or liquidation of the business, final check must be given within 24 hours | Next scheduled payday | Wisconsin Statute § 109.03 | Source | |
| North Dakota | Earlier of next scheduled payday or 15 days | Next scheduled payday | Noth Dakota Century Code § 34-14-03 | Source | |
| Illinois | At the time of separation if possible, but in no case later than the next regularly scheduled payday | At the time of separation if possible, but in no case later than the next regularly scheduled payday | Illinois Compiled Statutes 820 ILCS 115/5 | Source | Employers must provide Form CLI111L to all employees separated from employment for seven or more day... |
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