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.
Laid-off and suspended workers are also paid in full by the next regular payday. A mailed payment counts as made on the postmark date. The employer may deduct the replacement cost of unreturned property worth more than $100 only under a written agreement you signed.
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. Accrued vacation that can be calculated and is payable to you counts as wages under West Virginia law, so it is owed on the terms of your employer's written policy. The law does not require an employer to offer vacation at all. Check your handbook or offer letter for what it promises.
What happens if they are late
Liquidated damages of 2 times the unpaid wages, on top of the wages themselves.
How to file a claim in West Virginia
Submit a Request for Assistance to the West Virginia Division of Labor, Wage & Hour Section — wageandhour@wv.gov or 304-558-7890. 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 West Virginia.
- File the wage claim. Keep copies of pay stubs and your schedule — the time card calculator can total the unpaid hours for you.
West Virginia final paycheck: common questions
Can they hold my last check until I return my equipment?
They cannot hold the check, but they may deduct. In West Virginia final wages are still due by the next regular payday. If you do not return employer property worth more than $100, the employer can take its replacement cost out of final wages, but only under a written agreement you signed. Without that agreement, the full amount is due.
Do I get paid for unused vacation?
Only if your employer's written policy or agreement promises it. Accrued vacation that can be calculated and is payable to you counts as wages under West Virginia law, so it is owed on the terms of your employer's written policy. The law does not require an employer to offer vacation at all. Check your handbook or offer letter for what it promises.
What if I quit without notice?
No. Quitting without notice does not forfeit anything you earned in West 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 West 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 West Virginia?
Liquidated damages of 2 times the unpaid wages, on top of the wages themselves. Submit a Request for Assistance to the West Virginia Division of Labor, Wage & Hour Section — wageandhour@wv.gov or 304-558-7890. Filing a claim is free, and you do not need a lawyer.
Spotted something wrong? Report an error.
Other states that also tie the deadline to your next payday: Delaware, Illinois and Kansas.
Worked across a state line? Maryland final paycheck law, Ohio final paycheck law and Pennsylvania final paycheck law.