My employer won't pay my final paycheck — what to do
Wages you have already earned are yours, and every state sets a deadline for paying your final check. If that deadline has passed, the fastest path is usually a written demand letter that cites your state's rule, followed by a wage claim with your state labor agency if the employer still does not pay.
Step 1 — Confirm your state's deadline
The deadline depends on your state and on whether you were fired, laid off, or quit. In several states a firing triggers a much faster deadline than a resignation.
Step 2 — Gather your records
- Your last day worked and how the job ended
- Pay stubs, timesheets, or your own record of hours worked
- Your pay rate, plus any unpaid commissions, bonuses, or accrued PTO
- Any emails or texts where the employer discussed your final pay
Step 3 — Send a written demand letter
A phone call leaves no record. A written demand letter does three things: it states the amount you are owed, it names the specific state deadline the employer has missed, and it sets a clear date for payment before you escalate. That combination is what usually moves a payroll department to act.
Step 4 — Send it so delivery is provable
Email the letter as a PDF attachment and mail a copy by certified mail with return receipt. Keep the receipt and tracking record. Here is exactly how certified mail works.
Step 5 — File a wage claim if they ignore you
If your deadline passes without payment, file an unpaid wage claim with your state labor agency. Filing is generally free and does not require a lawyer. Your state page names the agency and links to it.
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Create my demand letterCommon questions
Can an employer withhold my final paycheck?
No. Wages you have already earned are owed to you. An employer cannot hold your final paycheck until you return equipment, sign a release, or complete an exit interview, and every state sets a deadline by which final wages must be paid.
How long does an employer have to pay my last check?
It depends on your state and on how the job ended. Some states require payment immediately on the day of a firing; others allow until the next regular payday. Check your state's deadline on the final paycheck laws pages.
What is a demand letter for unpaid wages?
A formal written notice to your employer stating what you are owed, citing your state's final-paycheck deadline, and giving a specific date by which payment must be made before you file a wage claim.
Do I need a lawyer to get my final paycheck?
Many unpaid final paycheck disputes are resolved with a written demand letter or a state wage claim, both of which you can file yourself. A licensed attorney can advise you on your specific situation.
General information, not legal advice. Last Check GPT is not a law firm.