State-Specific Termination Requirements

The following information is not legal advice. You must consult with your legal counsel before proceeding. The following serves as reference only and may be out of date or incorrect.

Introduction

This document provides an overview of key state-specific termination requirements that differ from federal regulations. Requirements vary significantly by state, so it's essential to consult with legal counsel for the most current information specific to your jurisdiction.

Final Paycheck Requirements

State	Timing for Voluntary Termination	Timing for Involuntary Termination	Special Notes
Alabama	Next regular payday	Next regular payday	No state-specific law; federal rules apply
Alaska	Within 3 working days	Same day if terminated	Must include all accrued PTO
Arizona	Next regular payday	Next regular payday	Must pay within 7 working days if employee requests
Arkansas	Next regular payday	Next regular payday	No later than 7 days
California	72 hours after notice (immediate if no notice)	Immediately upon termination	Includes accrued vacation; penalties for late payment
Colorado	Next regular payday or within 10 days	Immediately if possible, otherwise within 24 hours	If not possible within 24 hours, mail within 6 hours
Connecticut	Next regular payday	Next business day	Must include accrued fringe benefits
Delaware	Next regular payday	Next regular payday	No state-specific timing law
Florida	Next regular payday	Next regular payday	No state-specific timing law
Georgia	Next regular payday	Next regular payday	No state-specific timing law
Hawaii	Next regular payday	Immediately or next business day	Penalties for non-compliance
Idaho	Next regular payday or within 10 days	Next regular payday or within 10 days	Earlier of the two timeframes
Illinois	Next regular payday	Final workday or within final period	Must include owed commissions
Indiana	Next regular payday	Next regular payday	Must request in writing
Iowa	Next regular payday	Next regular payday	No later than the next payday
Kansas	Next regular payday	Next regular payday	No state-specific timing law
Kentucky	Next regular payday or 14 days	Next regular payday or 14 days	Whichever is later
Louisiana	Next regular payday or 15 days	Next regular payday or 15 days	Whichever is earlier
Maine	Next regular payday or within 2 weeks	Next regular payday or within 2 weeks	Must include accrued vacation time
Maryland	Next regular payday	Next regular payday	Should be paid by next scheduled payday
Massachusetts	Final day of employment	Final day of employment	Includes all earned wages and accrued vacation
Michigan	Next regular payday	Next regular payday	Within 3 business days for temporary staffing
Minnesota	Next regular payday (not to exceed 20 days)	Within 24 hours	Written demand can expedite timing
Mississippi	Next regular payday	Next regular payday	No state-specific timing law
Missouri	Next regular payday	Next regular payday or 7 days	Whichever is earlier
Montana	Next regular payday or 15 days	Immediately (if discharged)	If not paid when due, penalty wages apply
Nebraska	Next regular payday or 2 weeks	Next regular payday or 2 weeks	Whichever is earlier
Nevada	Next regular payday or 7 days	Immediately	Whichever is earlier for voluntary separations
New Hampshire	Next regular payday or 72 hours	Within 72 hours	If laid off, pay due within 72 hours
New Jersey	Next regular payday	Next regular payday	No state-specific timing law
New Mexico	Next regular payday	Within 5 days	If discharged, within 5 working days
New York	Next regular payday	Next regular payday	Commission salespeople within 5 business days
North Carolina	Next regular payday	Next regular payday	Cannot exceed 13 days from last day worked
North Dakota	Next regular payday	Next regular payday	Within 15 days or next payday, whichever first
Ohio	Next regular payday	Next regular payday	No state-specific timing law
Oklahoma	Next regular payday	Next regular payday	No state-specific timing law
Oregon	Final day (with 48+ hours notice)	End of first business day	By mail if requested; next day otherwise
Pennsylvania	Next regular payday	Next regular payday	No state-specific timing law
Rhode Island	Next regular payday	Next regular payday	Same day if closing business
South Carolina	Within 48 hours or next payday (within 30 days)	Within 48 hours or next payday (within 30 days)	Whichever is earlier
South Dakota	Next regular payday	Next regular payday	No state-specific timing law
Tennessee	Next regular payday or 21 days	Next regular payday or 21 days	Whichever is later
Texas	Next regular payday	Within 6 calendar days	For layoffs, by next regular payday
Utah	Next regular payday or within 24 hours	Within 24 hours	24 hours for wages in dispute
Vermont	Next regular payday or following Friday	Within 72 hours	Whichever is earlier for voluntary
Virginia	Next regular payday	Next regular payday	No state-specific timing law
Washington	End of pay period	End of pay period	No later than the regular payday
West Virginia	Next regular payday	Next regular payday	Within 4 business days
Wisconsin	Next regular payday or within 1 month	Next regular payday or within 1 month	Whichever is earlier
Wyoming	Next regular payday	Next regular payday	5 working days for discharge

Vacation/PTO Payout Requirements

State	Must Payout Unused Vacation/PTO?	Notes
Alabama	Depends on policy	No state law requiring payout
Alaska	Yes	Must pay all accrued PTO
Arizona	Depends on policy	Must follow written policy
Arkansas	Depends on policy	Must follow written policy
California	Yes	All accrued, unused vacation must be paid
Colorado	Yes	If earned according to employer policy
Connecticut	Depends on policy	Must follow written policy
Delaware	Depends on policy	No state law requiring payout
Florida	Depends on policy	No state law requiring payout
Georgia	Depends on policy	No state law requiring payout
Hawaii	Depends on policy	Must follow written policy
Idaho	Depends on policy	No state law requiring payout
Illinois	Yes	If promised in policy/contract
Indiana	Depends on policy	Must follow written policy
Iowa	Depends on policy	Must follow written policy
Kansas	Depends on policy	No state law requiring payout
Kentucky	Depends on policy	Must follow written policy
Louisiana	Depends on policy	Must follow written policy
Maine	Yes	According to company policy
Maryland	Depends on policy	Must follow written policy
Massachusetts	Yes	All accrued vacation time
Michigan	Depends on policy	Must follow written policy
Minnesota	Depends on policy	Must follow written policy
Mississippi	Depends on policy	No state law requiring payout
Missouri	Depends on policy	Must follow written policy
Montana	Yes	If policy does not expressly disallow
Nebraska	Depends on policy	Must follow written policy
Nevada	Depends on policy	Must follow written policy
New Hampshire	Depends on policy	Must follow written policy
New Jersey	Depends on policy	Must follow written policy
New Mexico	Depends on policy	No state law requiring payout
New York	Depends on policy	Must follow written policy
North Carolina	Depends on policy	Must follow written policy
North Dakota	Yes	Unless policy specifically forfeits
Ohio	Depends on policy	No state law requiring payout
Oklahoma	Depends on policy	No state law requiring payout
Oregon	Depends on policy	Must follow written policy
Pennsylvania	Depends on policy	Must follow written policy
Rhode Island	Yes	If policy does not expressly disallow
South Carolina	Depends on policy	Must follow written policy
South Dakota	Depends on policy	No state law requiring payout
Tennessee	Depends on policy	Must follow written policy
Texas	Depends on policy	Must follow written policy
Utah	Depends on policy	No state law requiring payout
Vermont	Depends on policy	No state law requiring payout
Virginia	Depends on policy	Must follow written policy
Washington	Depends on policy	Must follow written policy
West Virginia	Depends on policy	Must follow written policy
Wisconsin	Depends on policy	Must follow written policy
Wyoming	Depends on policy	Must follow written policy

States may also have their own "Mini-WARN Acts" which are state-by-state dependent. Consult your local state authority for more information.

Severance Requirements

Most states don't mandate severance pay, with notable exceptions:

• New Jersey: Requires one week of severance per year of service when WARN notice requirements are triggered

• Massachusetts: Requires severance for certain plant closings

• Maine: May require severance for certain closings based on length of service

• Puerto Rico: Has statutory severance requirements based on years of service

Notice of Healthcare Continuation

• Federal COBRA applies to employers with 20+ employees

• State continuation coverage ("mini-COBRA") applies in many states for smaller employers

• Timing of notices varies by state but generally must be provided within 14 days of termination