The deadline, and what it depends on
By 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.
Final wages are due on or before the date they would have been paid had the job continued. A knowing failure to pay allows triple wages. For actions begun on or after July 1, 2026, an employer that acted in good faith and pays everything within 14 days of being notified owes no additional damages.
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's written policy or agreement promises it. The Virginia Wage Payment Act's definition of wages does not list vacation pay (§ 40.1-29(A)). Whether unused vacation is paid out depends on your employer's written policy or agreement. 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
Liquidated damages equal to the unpaid wages, on top of the wages themselves.
How to file a claim in Virginia
File a claim for unpaid wages with the Virginia Department of Labor and Industry's Payment of Wage Unit through the DOLI Portal. Court actions must be brought within 3 years. 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 Virginia.
- File the wage claim. Keep copies of pay stubs and your schedule — the time card calculator can total the unpaid hours for you.
Virginia final paycheck: common questions
Can they hold my last check until I return my equipment?
No. In Virginia 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. The Virginia Wage Payment Act's definition of wages does not list vacation pay (§ 40.1-29(A)). Whether unused vacation is paid out depends on your employer's written policy or agreement. 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 Virginia. 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 Virginia if I am fired?
By 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 Virginia?
Liquidated damages equal to the unpaid wages, on top of the wages themselves. File a claim for unpaid wages with the Virginia Department of Labor and Industry's Payment of Wage Unit through the DOLI Portal. Court actions must be brought within 3 years.
Spotted something wrong? Report an error.
Other states that also tie the deadline to your next payday: Illinois, Maryland and New Jersey.
Worked across a state line? North Carolina final paycheck law and District of Columbia final paycheck law.