West Virginia final paycheck law: when your last check is due
In West Virginia, if you were fired or laid off, your final wages are generally due on or before the next regular payday. If you quit after giving notice, they are generally due on or before the next regular payday. If you quit without notice, they are generally due on or before the next regular payday.
Deadlines at a glance
Fired or laid off
Final wages due on or before the next regular payday
Quit with notice
Final wages due on or before the next regular payday
Quit without notice
Final wages due on or before the next regular payday
Statute
No state-specific final-pay statute
Wage claim agency
West Virginia Division of Labor, Wage and Hour Section
Penalties and details
West Virginia allows liquidated damages for wages not paid when due.
What counts as wages in your final paycheck
Final pay usually covers more than your last regular hours. Depending on your state and your employer's policy, it can include unpaid regular and overtime hours, earned commissions, bonuses that have already been earned, accrued unused vacation or PTO where state law or company policy treats it as earned wages, and unreimbursed business expenses.
What to do if the West Virginia deadline passes
- Write down the facts: your last day worked, the amount you believe you are owed, and any messages from your employer about payment.
- Send a written demand letter that names the West Virginia deadline and gives your employer a short, specific window to pay.
- Send it by email and by certified mail with return receipt, and keep proof of delivery. See how certified mail works.
- If the deadline in your letter passes without payment, file a wage claim with the West Virginia Division of Labor, Wage and Hour Section.
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Create my West Virginia demand letterCommon questions
When is my final paycheck due in West Virginia if I was fired?
In West Virginia, final wages are generally due on or before the next regular payday after an involuntary termination.
When is my final paycheck due in West Virginia if I quit?
If you gave notice, final wages are generally due on or before the next regular payday. If you quit without notice, they are generally due on or before the next regular payday.
Can my employer be penalized for paying late in West Virginia?
West Virginia allows liquidated damages for wages not paid when due.
Who do I file an unpaid wage claim with in West Virginia?
Unpaid wage claims in West Virginia are handled by the West Virginia Division of Labor, Wage and Hour Section.
Other states
This page is general information, not legal advice. Last Check GPT is not a law firm. State rules change and exceptions apply; verify with the West Virginia Division of Labor, Wage and Hour Section before relying on a deadline.