DEDelaware final paycheck law
If you are fired in Delaware, your final pay is due by the next regular payday or 3 days after the last day, whichever is later. If you quit, it is due by the next regular payday or 3 days after the last day, whichever is later.
| If you | Your last check is due |
|---|---|
| were fired or laid off | Next regular payday or 3 days after the last day, whichever is later |
| quit | Next regular payday or 3 days after the last day, whichever is later |
| have unused vacation | It is paid if your employer's written policy says so. The employer's written policy or contract governs payout of unused vacation. |
| are paid late | An extra penalty payment of 10% of unpaid wages per day, up to the amount owed. |
| want to read the law | 19 Del. C. 1103, 1113checked October 29, 2026 |
When is my last check due? Delaware calculator
What these words mean
- Final paycheck
- The last pay you are owed after a job ends: all hours worked and, in some states, your unused vacation.
- Late-pay penalty
- Extra money some states make an employer pay when your final check is late.
- Payout
- Being paid cash for paid time off you earned but never used.
- Wage complaint
- A free claim you file with your state labor office or the U.S. Department of Labor when you are not paid what the law requires.
Questions
I was fired in Delaware. When do I get my last check?
Next regular payday or 3 days after the last day, whichever is later.
I quit my job in Delaware. When do I get my last check?
Next regular payday or 3 days after the last day, whichever is later.
What if my employer pays my last check late in Delaware?
An extra penalty payment of 10% of unpaid wages per day, up to the amount owed.
Will my unused vacation be in my last check in Delaware?
Only if your employer's written policy or your contract says so. The employer's written policy or contract governs payout of unused vacation. See Delaware PTO payout rules.
Can my employer keep my last check until I return my uniform or laptop?
No. Money you earned is yours. An employer can only take out what the law or a signed agreement allows. If the check is late, file a free wage complaint with the Delaware labor office.