Virginia Final Paycheck Law: When Pay Is Due

Quick Answer: Virginia requires final paychecks by the next regular payday regardless of whether you quit or were fired. Employers cannot withhold wages. Violations can result in penalties including treble damages.

Know when your final pay is due.

Final Paycheck Timing

All Terminations

Same rule:

• By next regular payday
• Whether fired or quit
• All wages earned

What's Included

Must pay:

• Hours worked
• Earned vacation (if policy)
• Commissions earned
• Bonuses owed

Vacation Pay

No Requirement

Virginia rule:

• No law requires payout
• Policy controls
• Contract may require

If Policy Provides

Must pay:

• Per policy terms
• Cannot change retroactively

Deductions

Prohibited

Cannot deduct:

• Without written authorization
• Disputed amounts
• Equipment without consent

Allowed

May deduct:

• Taxes
• Court orders
• Written authorizations

Remedies

DOLI Complaint

File with:

• Department of Labor
• Phone: 804-371-3104
• Investigation conducted

Treble Damages

If willful:

• Triple the amount owed
• Plus attorney's fees

Common Scenarios

Scenario 1: Fired, Payday Friday

Situation: Terminated Monday, payday Friday.

Analysis: Must be paid by Friday.

Scenario 2: Quit Without Notice

Situation: Quit immediately.

Analysis: Paid by next regular payday.

Scenario 3: Deduction for Equipment

Situation: Final pay reduced for laptop.

Analysis: Improper without written consent.

Frequently Asked Questions

When is final pay due?

By next regular payday for all terminations.

Must vacation be paid?

Only if policy provides.

Can employer deduct for equipment?

Only with prior written authorization.

Related Topics

• Virginia Wages and Hours
• Virginia Unpaid Wages
• Virginia Employment Law Hub

Take Action

If final pay is late:

1. Calculate what's owed
2. Request payment
3. File DOLI complaint
4. Consider legal action

Legal Disclaimer

This article provides general information about Virginia final paycheck law and is not legal advice. For specific advice, consult a licensed Virginia employment attorney.

For official information:

• DOLI: https://www.doli.virginia.gov | 804-371-3104