Human Resource Blog

Final Payment After Resignation

	Compensation
Employee Payroll Action Form W-4 Employee Withholding Allowance Cert. Employee Payroll Status/Change Form Direct Deposit Form Total Compensation Summary

	Termination
Employee Warning Notice Employee Final Warning Notice Employee Resignation Form Exit Interview Questionnaire Separation Checklist

I resigned on Thursday @ 3:15 p.m. via fax and email. Given the 72 hour rule for final payment, Sunday @ 3:15 p.m. is the 72 hour deadline. If I don’t receive payment by that date & time, what is the penalty and cost to the employer?

How do I communicate this to him?

Thank you for your help.

It is impossible to answer this question without knowing which state it refers to.

There is no federal law requiring that employees who quit be paid within 72 hours. A few states do have such laws. In some cases, Saturday, Sunday and holidays don’t count in the 72-hour period. In other states, they do.

For example, in California, if an employee quits with less than 72 hours notice, the employer must pay the final wages within 72 hours. Normally, the paycheck must be available for pickup at the employer’s office (within the county of employment), at that time. The final paycheck may be mailed to the worker, if the employee requests it and provides an address. If so, then the employee is considered to be “paid” on the date the check is mailed.

Other states have different rules for payment of final checks.

Please post another question mentioning the state, for a complete answer.