When your job ends, you have the right to be paid for all of the work you've done. Whether you quit, you were laid off, or you were fired, your employer must give you a final paycheck that includes all of the wages you have earned. The deadlines and contents of your check depend on Delaware law.
When Is Your Final Paycheck Due?
Federal law does not set a deadline for your final paycheck. But some states require employers to pay your final paycheck within a set number of days after termination or resignation. And, these deadlines sometimes differ depending on whether you were fired or resigned.
If you are fired, quit, laid off, or otherwise leave your job in Delaware, your employer must pay your final paycheck on the next regular payday or three business days after the last day you worked, whichever is later.
What Must Your Final Paycheck Include?
Regardless of any deadlines, your employer must pay you all wages you earned. In some states, this includes any accrued vacation time that you haven't used yet; in others, it does not.
If your employer has a policy or an agreement to pay out accrued vacation time, it must do so within 30 days.
If you believe a former employer has not paid you all wages you earned, see How Can I Find a Wage and Hour Lawyer in Delaware?