Laid Off Final Paycheck: When You Get Paid, What It Includes, and What to Do If It’s Late
If you were laid off, your final paycheck is a legal right. This guide explains when you should receive it, what it must include, state-by-state timing rules, and what steps to take if your employer delays payment.
FINAL PAY & JOB EXIT
Jordan Blake
1/14/20262 min read
What Is a Final Paycheck After a Layoff?
A final paycheck is the last payment your employer owes you after you’ve been laid off. Even though the job ended, your right to be paid does not end. Your employer must pay you for all work already performed.
What Must Be Included in a Final Paycheck?
Your final paycheck usually includes:
Unpaid wages up to your last working day
Overtime you already earned
Accrued but unused vacation or PTO (depends on state law)
Commissions or bonuses that were already earned
⚠️ Sick leave payout depends on state rules and company policy.
When Should You Receive Your Final Paycheck?
The timing depends on where you live and how the layoff happened.
Common Scenarios
Same day as layoff: Required in some states
Next regular payday: Common in many states
Within a set number of days: Some states allow 72 hours
There is no federal rule for exact timing. States decide this.
If You’re in the United States: Important Note
Most U.S. states require employers to issue a final paycheck promptly after termination, including layoffs. If they don’t, penalties may apply. If you’re unsure, check your state labor department website for exact deadlines.
Does Final Paycheck Include Severance Pay?
Not automatically.
Final paycheck = money you already earned
Severance pay = extra compensation, only if promised
Severance is paid only if:
It’s in your employment contract
Company policy promises it
You signed a severance agreement
How Is the Final Paycheck Paid?
Employers may pay your final paycheck by:
Direct deposit
Paper check
Payroll card
Some states require the same payment method you previously used.
What If Your Final Paycheck Is Late?
If your final paycheck hasn’t arrived on time:
Step 1: Contact HR or Payroll
Ask:
“When was my final paycheck processed, and how was it sent?”
Step 2: Check State Labor Laws
Know the deadline your employer must follow.
Step 3: File a Wage Claim
If delays continue, you can file a complaint with your state labor department.
In some states, employers must pay penalties for each day late.
Can an Employer Withhold a Final Paycheck?
No.
An employer cannot legally withhold your final paycheck because of:
Equipment not returned
Resignation vs layoff
Company losses
Performance issues
Wages already earned must be paid.
Taxes on Final Paychecks
Your final paycheck is taxed like regular income.
Bonuses or PTO payouts may be taxed at a higher withholding rate, but this does not mean you’re paying extra tax overall.
Final Thoughts
Being laid off is stressful enough. Wondering where your final paycheck is should not add to that stress. In most cases, delays are administrative, but the law is clear: you must be paid for the work you already did. If your final paycheck is late, follow up quickly and document everything.
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Last Paycheck missing overtime