The deadline, and what it depends on
Florida has no final paycheck statute, so the default applies: your next regularly scheduled payday. The date depends on your pay schedule, not on when you were let go.
It depends on your pay schedule, not on the day you left. Two people who leave on the same day can have deadlines a week or more apart.
Florida has no final paycheck statute and no pay-frequency law, so the federal default applies: your next regularly scheduled payday. Florida does set its own minimum wage in the state constitution - $14.00 an hour since 30 September 2025, rising to $15.00 on 30 September 2026, with a tipped cash wage of $10.98. Before suing over unpaid minimum wage you must first give the employer written notice of the wage claimed, the dates and hours worked and the total owed, then 15 days to pay.
What “next regular payday” means
“Next regular payday” means the next date your employer would normally have paid you had you stayed. It is not a fixed number of days: paid weekly, it is at most a week away; paid monthly, it can be a month.
That is why the calculator asks for your pay schedule first. Take any recent payday from a pay stub and it works out the date for you.
Unused PTO — is it owed?
Only if your employer promised it. No state requirement. Employer policy alone governs, and a written promise remains enforceable as a contract. Look for a written policy, handbook or offer letter that says unused time is paid out at separation; without one, Florida law does not require it.
What happens if they are late
There is no state penalty for a late final paycheck. Federal FLSA remedies still cover unpaid minimum wage and overtime.
How to file a claim in Florida
Florida has no wage-claim agency. Unpaid minimum wage is a court claim after the 15-day written notice, worth the unpaid wages plus an equal amount as liquidated damages and attorney's fees; unpaid overtime goes to the US Department of Labor. Court filing fees apply; small claims court is the simplest route for smaller amounts.
- Ask in writing first. Email creates a dated record.
- Send a short demand letter naming the amount, the deadline, and any penalty that applies in Florida.
- File the wage claim. Keep copies of pay stubs and your schedule — the time card calculator can total the unpaid hours for you.
Florida final paycheck: common questions
Can they hold my last check until I return my equipment?
No. In Florida your final wages are due by the deadline on this page whether or not you have returned a laptop, uniform or keys. Your employer can ask for the equipment back or pursue its cost separately, but federal law bars deductions for it that would cut your pay below minimum wage or eat into overtime.
Do I get paid for unused vacation?
Only if your employer promised it. No state requirement. Employer policy alone governs, and a written promise remains enforceable as a contract. Look for a written policy, handbook or offer letter that says unused time is paid out at separation; without one, Florida law does not require it.
What if I quit without notice?
No. Quitting without notice does not forfeit anything you earned in Florida. Your final pay is due by your next regular payday, exactly as if you had given notice. Notice only changes the timing, and only where state law says so.
When is my final paycheck due in Florida if I am fired?
Florida has no final paycheck statute, so the default applies: your next regularly scheduled payday. The date depends on your pay schedule, not on when you were let go. Everything you earned is due on that deadline, along with any unused vacation your state or your policy makes payable.
What happens if my final paycheck is late in Florida?
There is no state penalty for a late final paycheck. Federal FLSA remedies still cover unpaid minimum wage and overtime. Florida has no wage-claim agency. Unpaid minimum wage is a court claim after the 15-day written notice, worth the unpaid wages plus an equal amount as liquidated damages and attorney's fees; unpaid overtime goes to the US Department of Labor.
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Florida overtime rules and calculator →
Two other states also have no final paycheck law: Alabama and Georgia.