Work & wages · Question
When do you get your final paycheck in New York after quitting or being fired?
Updated By The editorial teamNot reviewed by an attorney — based on the official sources below
In short
Whether you quit or were fired, New York Labor Law § 191(3) requires your employer to pay your final wages no later than the regular payday for the pay period in which your job ended. If you ask, the check must be mailed to you. New York law does not require payment on your last day. The final pay must cover every hour you worked, including overtime, and it can't be cut by illegal deductions. Unused vacation is owed unless a written policy says it is forfeited; unused sick leave and prenatal leave don't have to be paid out.
Read on for the details, the exceptions and the sources.
In plain words
- Regular payday
- The day your employer normally pays you, which it must set in advance and list on your hiring pay notice.
- Pay period
- The stretch of days a paycheck covers — for example one week, or the 1st through the 15th of the month.
- Wage supplements
- Benefits promised on top of wages, such as vacation, holiday or separation pay and expense reimbursements.
The full answer
Labor Law § 191(3) says that if employment is terminated, the employer must pay the wages no later than the regular payday for the pay period during which the termination occurred, and must pay by mail if you ask. The rule is the same whether you quit, were fired or were laid off.
Example: you are paid every Friday for the previous week, and your last day is a Tuesday. Your final pay for those days is due no later than the Friday on which the wages for that week would normally be paid.
Your final pay must include every hour you worked, overtime at time and a half for hours over 40 in the workweek if you are not exempt, and earned commissions as your written commission agreement provides (§ 191(1)(c) requires that agreement to cover payment when employment ends). Your employer can't subtract the cost of unreturned equipment, a cash shortage or damage from your wages; § 193 allows only narrow kinds of deductions.
Your employer must also give you written notice, within five working days after the termination, of the exact date your employment ended and the exact date your employee benefits are cancelled (§ 195(6)).
Exceptions and special cases
- Vacation: the Department of Labor says whether unused vacation is paid depends on the employer's policy. A policy can make you lose it under certain conditions only if you were told in writing; if there is no written forfeiture policy, earned vacation must be paid.
- Sick leave and prenatal leave: New York's sick leave law does not require payment for unused sick leave or paid prenatal leave when you leave a job (§ 196-b(4-a), § 196-b(6)), unless your employer's own policy promises it.
- Commission salespeople: earnings are paid as your written commission agreement says, which must describe what happens to commissions when the job ends (§ 191(1)(c)).
- Bonuses: whether a bonus is owed after you leave depends on the terms of the plan or promise. The Department of Labor lists earned bonuses an employer promised (orally or in writing) among the wage supplements you can claim.
What to do now
Note your regular payday
Look at your pay stubs or hiring pay notice for the regular payday and the pay period your last day falls in. That payday is your deadline.
Ask in writing
If the pay doesn't arrive, e-mail or text your employer asking for the final wages by a specific date, and to mail them if that is easier for you.
Check the amount
Compare the hours and rate with your own records. Look for deductions you didn't agree to in writing.
File a claim
If you still aren't paid, file a free claim with the NYS Department of Labor (form LS223) or go to small claims court. You can't do both for the same wages — the DOL won't accept a claim you have already filed in court.
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Frequently asked questions
Does my employer have to pay me on my last day?
No. New York doesn't require payment on the last day; the deadline is the regular payday for the pay period in which your employment ended (Labor Law § 191(3)).
Can my employer hold my last check until I return my laptop or uniform?
Your wages are due on the regular payday regardless. Labor Law § 193 bars deductions for things like damage or losses, and the employer can't charge you separately for them either. Return company property, but don't accept a withheld paycheck as the price.
What if my final check bounces?
A paycheck that bounces for insufficient funds is listed by the Department of Labor as unpaid wages you can claim.
What can I recover if the final pay is late or short?
In a court case where you win, Labor Law § 198(1-a) lets you recover the unpaid wages, reasonable attorney's fees, prejudgment interest and, unless the employer proves good faith, liquidated damages equal to 100% of the unpaid wages.
Want your own situation checked?
This page is general. Describe what happened, attach the letter or document you received, and get a free first answer — then, if you want, a full check against New York and federal law and a letter ready to send.
Check my situation — freeOfficial sources
This page was written from the sources below. “Checked” is the date the source was last opened and read.
- N.Y. Labor Law (opens in a new tab)New York State Senate — Open Legislation (official text of the Consolidated Laws) · § 191(1)(c), § 191(3), § 193, § 195(6), § 196-b(4-a), § 196-b(6), § 198(1-a) · Checked: October 30, 2026Final pay deadline, commissions on termination, deductions, termination notice, sick and prenatal leave not paid out, remedies
- Wages and Hours Frequently Asked Questions (opens in a new tab)New York State Department of Labor · Checked: October 30, 2026Final check by the regular payday; vacation payout depends on a written policy
- Unpaid/Withheld Wages and Wage Supplements — How to File a Claim (opens in a new tab)New York State Department of Labor · Checked: October 30, 2026Bounced paychecks and claims the DOL won't accept
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This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.