Final Paycheck Laws in West Virginia
When a West Virginia employer must pay your last paycheck if you are fired, laid off or quit, and whether unused vacation must be paid out.
Short answer: On or before the next regular payday on which the wages would otherwise be due. Fringe benefits that an agreement says are payable later or on conditions are paid according to that agreement. W. Va. Code § 21-5-4(b)
| Final paycheck if fired or laid off | On or before the next regular payday on which the wages would otherwise be due. Fringe benefits that an agreement says are payable later or on conditions are paid according to that agreement. Source: W. Va. Code § 21-5-4(b) |
|---|---|
| Final paycheck if you quit | On or before the next regular payday, the same as when fired. Source: W. Va. Code § 21-5-4(b) |
| Unused vacation / PTO payout | Depends on the employer's written policy or agreement. Employers must tell employees in writing (or by posted notice) their policies on vacation pay, sick leave and similar matters, and fringe benefits due under an agreement must be paid according to its terms. |
Where to get help in West Virginia
More West Virginia employment law
- Minimum Wage in West Virginia
- Meal and Rest Break Laws in West Virginia
- Wrongful Termination in West Virginia
- All West Virginia employment law rules
FAQ
When do I get my final paycheck if I'm fired in West Virginia?
On or before the next regular payday on which the wages would otherwise be due. Fringe benefits that an agreement says are payable later or on conditions are paid according to that agreement.
When do I get my final paycheck if I quit in West Virginia?
On or before the next regular payday, the same as when fired.
Does an employer have to pay out unused PTO in West Virginia?
Depends on the employer's written policy or agreement. Employers must tell employees in writing (or by posted notice) their policies on vacation pay, sick leave and similar matters, and fringe benefits due under an agreement must be paid according to its terms.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.