Employee Rights Protection

Document your rights as an employee. Don't let your employer's discrimination or harrassment go unanswered. By getting access to these forms you can document your case to your employer. Also, more importantly you will have the paper work to support any future legal action.

Protesting Sexual Harassment
Protesting Race Discrimination
Filing Appeal Against Wrongful Disciplinary Action
Filing Complaint Against Age Discrimination
Protesting Against Actions Resulting in Emotional Distress
Protesting Against No Warning Given Before Massive Layoff
Protest Against Racial Harassment
Protesting Sex Discrimination
Denial of Overtime
Protesting Against Interview Questions About Sexual Orientation
Requesting Severance Pay
Protesting Against Non-Payment of Commission at the Time of Being Fired
Protesting Wrongful Job Termination
Protesting Denial of Promotion
Protesting Unequal Pay
Filing a Complaint Against Pregnancy Discrimination
Protesting Against Interview Questions About Disability
Requesting Vacation Leave
Filing Claim Against Discriminatory Pay
Protesting Denial of Family and Medical Leave
Protesting Against Unsafe Working Condition
Filing a Claim for Unemployment Insurance
Demand Letter for ERISA Retirements Benefits
Protesting Derogatory Reference Given to a Prospective Employer
Requesting EEOC Posters at Workplace
Requesting Access to Personnel File
www.benchmarkemail.com

 Final Payment on Termination

Many states have laws that specify on the duration an employer has in terms of final pay to the terminated employee. Usually, final pay is due immediately or soon after the employment ends. In many states, final pay is due by the next regular-scheduled payday. In some states, final pay is due within a certain number of days. And few states make it mandatory for the company to pay the final pay immediately.

State rules regarding final pay

ALABAMA - no provision.
ALASKA. All - within 3 working days.
ARIZONA. Fired - earlier of next regular payday or three working days.
Quit - next regular payday.
ARKANSAS. Fired - within seven days after demand or request.
CALIFORNIA. Fired - at once. Quit - 72 hours or at once if 72 hour notice is given. Strikers - next regular payday.
COLORADO. Fired - at once. Quit/strike - next regular payday.
CONNECTICUT. Fired - next business day. Quit/laid off - next regular payday.
DELAWARE. All - next regular payday.
DC. Fired - next business day. Quit - earlier of next regular payday or seven days.
FLORIDA - no provision.
GEORGIA - no provision.
HAWAII. Fired - at once. Quit - next regular payday.
IDAHO. All - earlier of next regular payday or 10 days or within 48 hours of receipt of written request from employee.
ILLINOIS. All - at once, if possible, but no later than next regular payday.
INDIANA. All - next regular payday.
IOWA. Fired - next regular payday.
KANSAS. Fired/quit - next regular payday.
KENTUCKY. Fired/quit - later of next regular payday or 14 days.
LOUISIANA. Fired/quit/laid off - by next regular payday or no later than 15 days after end of employment
MAINE. All - earlier of next regular payday or 2 weeks after demand.
MARYLAND. Fired/quit - next regular payday.
MASSACHUSETTS. Fired - at once. Quit - next regular payday.
MICHIGAN. Fired - 4 working days. Quit - next regular payday.
MINNESOTA. Fired - on demand or within 24 hours. Voluntary-quit employees - next regularly scheduled payday, not to exceed 20 days from the last day worked.
MISSISSIPPI - no provision.
MISSOURI. Fired - at once or 7 days if payment by mail.
MONTANA. Wages are not due until the next pay day for the period in which the employee was separated, or 15 days, whichever occurs first.
NEBRASKA. All - earlier of next regular payday or 2 weeks.
NEVADA. Fired - at once. Quit - earlier of next regular payday or 7 days.
NEW HAMPSHIRE. Fired - 72 hours. Quit - next regular payday or 72 hours if one pay period's notice given.
NEW JERSEY. Terminated/laid off - next regular payday.
NEW MEXICO. Fired - 5 days. Quit - next regular payday.
NEW YORK. All - next regular payday.
NORTH CAROLINA. All - next regular payday.
NORTH DAKOTA. Fired - within 15 days or next regular payday. Quit/strike - next regular payday. Railroad - immediate.
OHIO. no provision.
OKLAHOMA. All - next regular payday.
OREGON. Fired - next business day. Quit - earlier of next regular payday or 5 days or at once if 48 hours' notice given.
PENNSYLVANIA. All - next regular payday.
PUERTO RICO. All - next regular payday.
RHODE ISLAND. Fired/striking - next regular payday. Laid off - within 24 hours of discharge.
SOUTH CAROLINA. All - within 48 hours of by next regular payday, no more than 30 days.
SOUTH DAKOTA. All - next regular payday.
TENNESSEE. Must include vacation or other compensatory time.
TEXAS. Fired - 6 days. Other - next regular payday.
UTAH. Fired - 24 hours. Quit/Strike - next regular payday.
VERMONT. Fired - 72 hours. Quit - next regular payday.
VIRGINIA. All - next regular payday.
WASHINGTON. Fired/quit - end of pay period.
WEST VIRGINIA. Fired - 72 hours. Quit - next regular payday or at once if one pay period's notice given.
WISCONSIN. Fired/quit - next regular payday.
WYOMING. Fired/quit - 5 working days.

The outcome also depends upon the way the employment has ended, whether the person voluntarily resigned or was fired, laid off. The final pay is the working days wage (till the last day of work) of the employee owed by the employer. It may also include, overtime, bonuses, commissions, and expense reimbursements. However, bonuses and other perks depending upon the company’s policy.

Independent contractors, union workers and others are bonded by their contracts and are often excluded from the provisions of state final pay laws. Generally, the terms and conditions of their employment contract apply at the time of final pay.

When the employee's service is terminated, he/she may be entitled to certain separation packages. However, it depends on company's policy and agreement between the employer and the employee.

The employer may give a letter to the discharged employee stating about the benefits and pay checks they might receive once the job ends. Or, the employee needs to go through the company's policy and rules handbook to check out if there is any mention about severance pay or other separation packages.

 

Leave of Absence and Vacation
Non-compete Agreement
Employee's Right on Employer Policies
Discipline Rights
Rights on Personnel Files
Employee Pension Right
Employee Benefit Right
References Rights
Rights on Criminal Records
Employee Distress Rights
Defamation Rights
Rights on Assault and Battery
False Imprisonment Right
Employee Negligence Right
Right on Political Activity
Government Agencies
Union/Group Activity Rights
Whistle Blowing Rights
Worker’s Compensation Right
Tables - State Law
FAQs
Employee Right Glossary
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 Copyright © 2003-2007 mypersonnelfile.com, a site on Employee Rights
HARASSMENTHarassment General Info | Sexual Harassment | Race Harassment | File a complaint for Harassment      DISCRIMINATION: Workplace Discrimination Intro | Determining Discrimination | Age Discrimination | Disability Discrimination | Gender Discrimination | Religion based Discrimination | Pregnancy Discrimination | Marital Status Discrimination | Race Discrimination | National Origin Discrimination | Immigration Issue Discrimination | Language Discrimination | Sexual Orientation Discrimination    TERMINATION: Employee Termination intro | Employer and Employee Relationship | Kind of Employees | Saving the job | Saying good bye on good terms | Wrongful Termination | Termination of Employment at will | Final payment on Termination | Severance pay on Termination | References letter on Termination | Unemployment Insurance on Termination | Health Benefits on Termination   PRIVACY: Privacy Right Introduction | Privacy Right on Background checks | Drug Testing in the Workplace | Privacy Right on Surveillance | Privacy Right on Polygraph testing | Privacy Right on Medical Records Disclosure | Privacy Right on Property Searches | Privacy Right on Computers usage    HIRING: Hiring an Employee | Job advertisement for Hiring | Interview for Hiring | Arbitration Agreement on Hiring | Employee Drug Testing | Medical Test on Hiring | Hiring time Non-Compete Agreements | Hiring new Employee on Probation    WORKING & PAYMENT: Work & Payment Introduction | Minimum wage | Overtime Payment | Sales Commissions | Compensatory time | Vacation pay | Stock option | Sick time pay | Bounced payment | Break time pay | Pay deduction | Filing a complaint    HEALTH & SAFETY: Health and Safety Workplace | Workplace Safety | Basic environmental conditions for Health & Safety    UNEMPLOYMENT: Unemployment Insurance Introduction | Unemployment Insurance Eligibility | Filing a claim for Unemployment Insurance | Unemployment Insurance Amount to be received and till what date | Appeal a denial for Unemployment Insurance | Unemployment Insurance Overpayment