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Law on last paycheck date

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  • Law on last paycheck date

    My understanding was that a company was required to send a last paycheck including PTO balance in the next payroll after a person was terminated. Our company has two payroll runs for confidentiality reasons. One that runs once per month (that I am in) and another that runs bi-weekly. I am told by by company that I cannot get my last check in the bi-weekly payroll run, but have to wait a whole month until the monthly payroll runs. I have asked that a check be cut and they said no. From a legal standpoint, can they really make me wait a whole month for my last check even though the company runs a payroll in between? Thanks.

  • #2
    If you are going to be paid on YOUR next scheduled pay date, all is well unless your state (you did not say which one) has laws that require payment sooner than that.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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    • #3
      When a final paycheck has to be released is state specific. We cannot give you a definite answer unless you provide us with your state.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        However, states that do have specific laws specifying when final pay is due don't care how often you "run" payroll. If the law specifies anything earlier than the "regularly scheduled pay date", you're going to have to find a way to pay the terminated employee by the accelerated date.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Last paycheck date-- Virginia

          I am in Virginia...sorry I thought that automatically came up since I had to choose it. Thanks.
          Last edited by ebpell7; 02-22-2008, 07:55 AM. Reason: typo

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          • #6
            Also, PTO handling is very state law specific. Some states like CA require PTO to be paid out upon termination, but many or most states have rules that basically say "the company has to follow their policy".
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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            • #7
              Last Paycheck date- Virginia

              This check will be strictly for PTO...I actually get my last check for hours on Monday, even though my last day is Friday. Our system is a little whacky.

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              • #8
                For vacation at termination, Virginia is a "follow your company policy" state.

                For timing of payment, Virginia is a "next regularly scheduled paycheck" state, regardless of whether it was a voluntary or involuntary termination.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #9
                  Last Payment - VA

                  Bummer...they cut checks for everyone else, but the payroll person for my payroll just won't...so I guess I am stuck waiting. Thanks so much for your help.

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                  • #10
                    Are you saying the pay date for the pay period that includes your last day worked has come and gone already? Or is that pay date in the future?
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                    • #11
                      Last Paycheck - VA

                      It is Monday-- so I am technically getting paid ahead of time for my last week. That is our normal pay cycle. We get paid once a month on the 25th...for the current month.

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