Final Paycheck Laws & Violations

You Walked Away or Got Fired but They Still Owe You Pay

It doesn’t matter if you quit, got laid off, or were let go with no warning. If you worked, you earned pay, and if your employer is stalling or shortchanging you, that’s not just shady. It’s illegal. Final pay is one of those moments that shows how an employer really treats people. Sadly, too many workers in New York walk out the door empty-handed, wondering what happened to their last paycheck.

At Horn Wright, LLP, our employment law attorneys help people get paid what they’re owed. Whether your hours vanished off your final stub or your check never arrived at all, we’ll step in and make things right. You shouldn’t have to chase your last paycheck, we’ll handle the legal pressure so you don’t have to.

What New York Law Says About Final Paychecks

New York Labor Law §191 lays out clear standards for when and how employers must issue final wages. If you’re fired, terminated, or laid off, the employer must pay all wages owed no later than the next scheduled payday. If you quit, the same rule generally applies unless there’s a written agreement stating otherwise.

The law also requires employers to include all earned wages, commissions, and accrued benefits that are due under contract or policy. This means your final paycheck isn’t just base pay, it should reflect everything you earned up to your final day.

Employers must also comply with wage notice requirements under Labor Law §195. If they fail to provide written notice about how wages are calculated or when pay is due, that can strengthen your claim in court or with the New York Department of Labor.

When You Should Receive Your Last Pay After Quitting or Being Let Go

For most employees, New York law is crystal clear: your employer must issue your last paycheck on your regular payday following your departure. So if you usually get paid on Fridays, and your last day was Monday, your check should still arrive that Friday.

This rule applies regardless of why you left. Fired, laid off, resigned, it doesn’t matter. What matters is whether you earned wages that haven’t been paid. The law doesn’t let employers withhold wages just because the working relationship ended.

If your employer promises to “mail the check later” or “process it in the next cycle,” that’s not good enough. Under Labor Law §198, courts can order double damages if your employer fails to pay final wages in a timely manner. And under the federal Fair Labor Standards Act (FLSA), delayed payment can trigger additional penalties.

What Deductions Are and Aren’t Legal from Final Pay

One of the most overlooked issues in final paycheck cases is improper deductions. Employers often withhold money for things like uniforms, training costs, or equipment returns, but not all of that is legal.

Under New York Labor Law §193, employers may only deduct from your paycheck if the deduction is authorized in writing and for a limited set of purposes. These include:

• Repayment of wage advances or loans made by the employer. Even these require written consent at the time of the transaction.
• Wage garnishments ordered by a court, such as child support or tax liens. Employers must comply but cannot go beyond what's legally required.
• Deductions for lost or damaged property are not allowed unless the employee expressly consents in writing, and even then, courts often scrutinize the fairness.

If your final paycheck is short and your employer deducted something that doesn’t meet these rules, you may be entitled to reimbursement—and penalties.

What to Do If You Don’t Get Paid on Time

You don’t have to wait weeks or months hoping your final paycheck shows up. The law backs you up. If your employer fails to pay on time, there are specific steps you can take.

First, document the date of your last day worked and your next scheduled payday. Then, reach out to your employer in writing. A polite but firm email asking when final wages will be issued is usually the first move. Keep a copy.

If there’s no clear answer, or if the employer admits they’re withholding pay, consider filing a wage claim with the New York Department of Labor. You also have the right to bring a civil claim under Labor Law §198. In either case, acting quickly helps protect your case. Courts may award liquidated damages and interest starting from the date payment was due.

Penalties New York Employers Face for Late Final Pay

When employers don’t follow New York’s final pay rules, the consequences are more than just a slap on the wrist. Labor Law §198 provides for automatic liquidated damages—equal to 100% of the unpaid wages, plus interest and legal fees.

Employers who violate wage laws can also face civil penalties through NYDOL investigations. These can range from thousands to tens of thousands of dollars depending on the size of the business, the length of the delay, and whether the violation was intentional.

In some cases, the court may even refer repeat offenders for criminal prosecution under Labor Law §213. While that’s rare, it’s not off the table, especially if the employer has a history of wage abuse across multiple workers.

How to File a Complaint Over a Missing or Short Paycheck

Filing a complaint can feel like a big step, but the process in New York is built for accessibility. You can file directly with the Department of Labor using its online wage complaint form. It covers final paycheck claims, unpaid wages, and illegal deductions.

You’ll need to provide:

• The name and address of your employer
• Dates of employment and your last day worked
• Pay rate, how often you were paid, and how much you’re owed

Include any documents that help back up your claim, paystubs, emails, timesheets, or text messages from your employer. You can also choose to file a private lawsuit instead, especially if you’re seeking larger damages or were part of a broader wage issue.

How New York’s Final Pay Rules Compare to New Hampshire Law

New York’s final pay laws are more worker-friendly than some states, including New Hampshire. While both states require payment by the next payday, New York adds more teeth with its automatic liquidated damages provision and strong penalties for unauthorized deductions.

In New Hampshire, employers have up to 72 hours to issue final pay if someone is terminated, but longer if the employee quits. New York, in contrast, ties payment strictly to the existing payday schedule and doesn’t distinguish between types of separation.

Also, under Labor Law §198, New York workers can recover double what they’re owed plus legal fees, while New Hampshire caps damages more conservatively unless the violation was “willful.” That gives New York employees a more direct and punitive route to recovery.

Can You Recover Additional Compensation for Delays

Absolutely. If your final paycheck is late, New York law gives you more than just the unpaid wages. Courts can award “liquidated damages” equal to the unpaid amount, meaning you receive double the original sum. This is spelled out in Labor Law §198(1-a).

If the delay causes you financial stress, like missed rent or overdraft fees, you may also be able to recover those losses as part of a broader damages claim. In some cases, the court may also grant interest starting from the original due date.

How Horn Wright, LLP, Can Help You Take the Next Step

You deserve every penny you earned, on time and without excuses. If your final paycheck is missing, late, or short, the employment law attorneys at Horn Wright, LLP, are ready to act. We’ve helped workers across New York hold employers accountable and recover not just unpaid wages, but penalties and damages, too.

We’ll guide you through the complaint process, pursue the strongest strategy for your case, and make sure you understand every legal option available. And because we’ve been recognized among the most trusted law firms fighting for employees, you can feel confident putting your case in our hands. Reach out today so we can make sure your final pay isn’t your final frustration.