The deadline, and what it depends on
When your employer ends the job, the deadline depends only on your last day. When you end it, it depends on how much notice you gave.
If the employer has a written personnel policy, a fired or laid-off employee can instead be paid by the next payday or within 15 days, whichever comes first. Pay can be held back for alleged theft only with written consent or a police report filed within 7 business days.
If you were fired vs if you quit
- Fired or laid off: Immediately — final wages are due on your last day.
- You quit: By your next regular payday or within 15 calendar days of your last day, whichever comes first.
Unused PTO — is it owed?
Yes. Montana does not require employers to offer vacation, but once it is earned under the employer's policy it counts as wages and must be paid like regular wages. 'Use it or lose it' policies are not permitted; caps on accrual are. It is paid at your final rate of pay, as part of the same final paycheck and on the same deadline as your wages.
What happens if they are late
Montana assesses a penalty against the employer of up to 110% of the wages due and unpaid (MCA 39-3-206).
How to file a claim in Montana
File a wage claim with the Montana Department of Labor & Industry, Wage and Hour Unit. Filing is free, and you do not need a lawyer.
- 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 Montana.
- File the wage claim. Keep copies of pay stubs and your schedule — the time card calculator can total the unpaid hours for you.
Montana final paycheck: common questions
Can they hold my last check until I return my equipment?
No. In Montana 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?
Yes. Montana does not require employers to offer vacation, but once it is earned under the employer's policy it counts as wages and must be paid like regular wages. 'Use it or lose it' policies are not permitted; caps on accrual are. It is paid at your final rate of pay, as part of the same final paycheck and on the same deadline as your wages.
What if I quit without notice?
No. Quitting without notice does not forfeit anything you earned in Montana. It is due by your next regular payday or within 15 calendar days of your last day, whichever comes first, 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 Montana if I am fired?
Immediately — final wages are due on your last day. Everything you earned is due on that deadline, along with any unused vacation your state or your policy makes payable. If it arrives late, the section on penalties above explains what follows.
What happens if my final paycheck is late in Montana?
Montana assesses a penalty against the employer of up to 110% of the wages due and unpaid (MCA 39-3-206). File a wage claim with the Montana Department of Labor & Industry, Wage and Hour Unit. Filing a claim is free, and you do not need a lawyer.
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Montana overtime rules and calculator →
One other state also require payment the day you are let go: California.