What are the rules about getting a final paycheck?
How soon does
a business have to give a worker a final paycheck?
Termination wages are due to the worker on the next regularly scheduled payday regardless of whether the worker quit or was fired.
- Can a business
withhold a final paycheck until a worker turns in keys or uniforms?
Legally, no, a business may not withhold a final check. However, in order to avoid disputes or disruptions in pay, workers are advised to turn in keys, uniforms, tools, and equipment promptly upon termination.
- What can a worker
do if the business doesn't pay the final check?
The first thing the worker should do is ask the business why the paycheck hasn't been paid. If the business refuses to release the check, the worker may choose one of the following three options:
- Obtain the services of a private attorney.
- File a claim in small claims court (for up to $4,000).
- File a wage complaint with L&I.
The wage complaint form is available at any of L&I's 20 statewide offices, or it can be downloaded here: Worker Rights Complaint (F700-148-000) form. Read the information provided with the form, fill it out and return it to L&I. Get more information about Filing a Workplace Rights Complaint with L&I here.
- Are workers entitled
to receive damages/penalties from a business for failing to pay as required
when leaving the job?
L&I cannot assess penalties for failure to pay final wages to the worker. However, if you have to take legal action to get your wages, you may file in civil court for double damages.
- Are workers entitled
to be paid for unused vacation, holiday and sick leave or receive severance
pay when leaving the job?
Paid vacation, holiday, and sick leave and severance pay are considered voluntary benefits that a business may choose to offer workers. Washington State law does not require a business to provide these benefits. Even though there is no state law requiring a business to pay these benefits upon termination, if the business promises workers these benefits and does not follow through, workers can contact an attorney or file in small claims court for their unpaid benefits.
