How long does an employer have to pay you your final paycheck if you are fired?
I was fired on Wednesday and it is now Saturday. When does my last paycheck have to be there?
Generally, under W. Va. Code § 21-5-4, an employer must issue a final paycheck to a terminated employee within 72 hours. On the other hand, pursuant to W. Va. Code § 21-5-4, an employee who quits his or her job must receive his or her final paycheck immediately if he or she has given the employer at least one pay period’s notice, or on the next regularly scheduled pay date if he or she fails to give such notice.
There are no circumstances under which an employer can totally withhold a final paycheck under West Virginia law; employers are typically required to issue a final paycheck containing compensation for all earned, unpaid wages, as well as for any fringe benefits that are able to be calculated at the time of separation of employment. Additionally, an employer can only make deductions from an employee’s final paycheck that are required under federal or state law, such as taxes or garnishments, or that the employee has authorized specifically in writing.
If an employee is unable to obtain his or her final paycheck from a former employer, the employee can file a claim for unpaid wages with the WV Division of Labor.