The deadline, and what it depends on
It depends on your last day, and on which days the business is normally open — a deadline that lands on a closed day moves to the next open one.
If the sixth day falls on a day the business is normally closed, the employer may wait until the next regular workday.
If you were fired vs if you quit
- Fired or laid off: Within 6 calendar days of your last day. If that day falls on a day the business is normally closed, the employer may pay on the next regular workday.
- You quit: By your next regularly scheduled payday. The date depends on your pay schedule, not on when you left.
Unused PTO — is it owed?
Only if your employer's written policy or agreement promises it. Owed only where a written policy or agreement provides for it. Check your handbook, offer letter or any PTO policy you signed; if it says accrued time is paid out, that promise is enforceable.
What happens if they are late
There is no automatic penalty. The route is a free wage claim, filed within 180 days. File a wage claim with the Texas Workforce Commission within 180 days of the wages becoming due.
How to file a claim in Texas
File a wage claim with the Texas Workforce Commission within 180 days of the wages becoming due. The claim must be filed within 180 days of the wages becoming due. 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 Texas.
- File the wage claim. Keep copies of pay stubs and your schedule — the time card calculator can total the unpaid hours for you.
Texas final paycheck: common questions
Can they hold my last check until I return my equipment?
No. In Texas 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's written policy or agreement promises it. Owed only where a written policy or agreement provides for it. Check your handbook, offer letter or any PTO policy you signed; if it says accrued time is paid out, that promise is enforceable.
What if I quit without notice?
No. Quitting without notice does not forfeit anything you earned in Texas. 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 Texas if I am fired?
Within 6 calendar days of your last day. If that day falls on a day the business is normally closed, the employer may pay on the next regular workday. 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 Texas?
There is no automatic penalty. The route is a free wage claim, filed within 180 days. File a wage claim with the Texas Workforce Commission within 180 days of the wages becoming due. Filing a claim is free, and you do not need a lawyer.
Spotted something wrong? Report an error.
Texas overtime rules and calculator →
Three other states also give the employer a fixed number of days: District of Columbia, Oregon and Vermont.