Employer Won't Pay Final Paycheck:
Your Options and Rights

Your options when your employer won't pay

An employer withholding a final paycheck is committing wage theft — which is both a civil and, in many states, a criminal violation. You have multiple avenues to recover what you're owed.

Step 1: Written demand to HR/Payroll

Start with a formal written demand via email (so you have a paper trail). State the amount owed, the dates worked, and give them 5 business days to respond. Many employers comply at this stage to avoid legal exposure.

Step 2: File a wage claim with your state labor department

This is free, doesn't require a lawyer, and is usually faster than court. Each state has a labor enforcement agency:

• California: DLSE (Division of Labor Standards Enforcement)
• New York: NY Dept. of Labor, Wage and Hour Division
• Texas: Texas Workforce Commission
• Federal: DOL Wage and Hour Division (for FLSA violations)

Step 3: Small claims court

For amounts under $10,000–$15,000 (limit varies by state), small claims court is a fast, low-cost option. You don't need a lawyer. Filing fees are usually $30–$100. Many employers settle before the hearing date once served.

Step 4: Hire an employment attorney

For larger amounts or employers who won't respond, an employment attorney can send a demand letter, negotiate, or file suit. Many take wage cases on contingency (no upfront cost).

Frequently Asked Questions