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When to give a final paycheck to fired employees?

Date: 08/29/2007 | Category: Business | Author: developers

We have recently opened a new branch in Tennessee. Every state has different employee laws and I was trying to find how is Tennessee different from Nevada. One of my areas of interest is how quickly have I give a final check to fired employee.

Nevada requires to give the check immediately. I was hoping that Tennessee will be different as I don’t have any manager in place there who will be authorized to write checks. And it is different. Tennessee rule is as follows: If employee is fired: next scheduled payday or within 21 days, whichever is later. That is very generous.

If you are looking for information for your state check it out here:

Here is a rundown of state laws regarding the timing of final paychecks:

Alabama No statute

Alaska
If employee is fired: within three 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 three days or next payday, whichever is sooner.
If employee quits: next payday. (Ariz. Rev. Stat. Ann. § 23-353.)
Arkansas If employee is fired: within seven days. (Arkansas Code § 11-4-405.)

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.
If employee quits: next scheduled payday. (Colo. Rev. Stat. Ann. § 8-4-109.)

Connecticut
If employee is fired: next business day.
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 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, whichever is sooner. If employee makes a written request for earlier payment, within 48 hours of receiving request.
If employee quits: next payday or within 10 days, whichever is sooner. If employee makes a written request for earlier payment, within 48 hours of receiving request.(Idaho Code §§ 45-606, 45-617.)

Illinois
If employee is fired: next scheduled payday.
If employee quits: next scheduled 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 ten days after employee demands wages or provides an address where the check may be mailed. (Ind. Code §§ 22-2-9-2 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: immediately.
If employee quits: next scheduled payday or the Saturday following the employee’s resignation, if there is no scheduled payday. (Mass. Ann. Laws ch. 149 § 148.)

Michigan
If employee is fired: next payday.
If employee quits: next payday. (Mich. Comp. Laws §§ 408.474, 408.475.)

Minnesota
If employee is fired: immediately.
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: immediately. (Mo. Ann. Stat. § 290.110.)

Montana
If employee is laid off or fired for cause: immediately. Employer may have 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. (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 to 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 5 days. If the employee is paid by task or commission, within 10 days.
If employee quits: next payday. (N.M. Stat. Ann. §§ 50-4-4 and 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 the employee is paid by commission or bonus, next payday after amount calculated.
If employee quits: next scheduled payday. If the employee is paid by commission or bonus, next payday after amount calculated. (N.C. Gen. Stat. § 95.25.7.)

North Dakota
If employee is fired: next payday or within 15 days, whichever is earlier.
If employee quits: next payday. (N.D. Cent. Code § 34-14-03.)

Ohio If employee quits: first of the month for wages earned in the first half of prior month; fifteenth of the month for wages earned in second half of prior month. (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 next business day.
If employee quits: immediately if employee has given 48 hours’ notice. Without notice, within five days or the next payday, whichever occurs first. (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 employee quits: next scheduled payday. (R.I. Gen. Laws § 28-14-4.)

South Carolina If employee is fired: within 48 hours or next scheduled payday, but not more than 30 days. (S.C. Codified Laws § 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 regular 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: next pay period
If employee quits: next pay period. (Wash. Rev. Code § 49.48.010.)

West Virginia
If employee is fired: within 72 hours.
If employee quits: Immediately if employee has given one pay period’s notice; otherwise, next regular 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: five business days.
If employee quits: five business days. (Wyo. Stat. Ann. § 27-4-104.)

Source: Findlaw