WVWest Virginia final paycheck law
If you are fired in West Virginia, your final pay is due within 72 hours of being fired. If you quit, it is due by the next regular payday.
Within 72 hoursif fired or laid off
Next paydayif you quit
Per policyunused vacation
| If you | Your last check is due |
|---|---|
| were fired or laid off | Within 72 hours of being fired |
| quit | Next regular payday |
| have unused vacation | It is paid if your employer's written policy says so. Paid when you leave the job unless a written policy provides for forfeiture. |
| are paid late | Wage Payment and Collection Act: an extra penalty payment of 2x the unpaid amount plus fees. |
| want to read the law | W. Va. Code 21-5-4checked October 29, 2026 |
When is my last check due? West Virginia calculator
What you are owedupdates as you type
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 West Virginia. When do I get my last check?
Within 72 hours of being fired.
I quit my job in West Virginia. When do I get my last check?
Next regular payday.
What if my employer pays my last check late in West Virginia?
Wage Payment and Collection Act: an extra penalty payment of 2x the unpaid amount plus fees.
Will my unused vacation be in my last check in West Virginia?
Only if your employer's written policy or your contract says so. Paid when you leave the job unless a written policy provides for forfeiture. See West Virginia 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 West Virginia labor office.