Final Paycheck: Terminated vs. Resignation

Here is a bit of advice regarding how to pay the final wages to a terminated employee verses an employee that resigns.
Employers are not required by federal law to give former employees their final paycheck immediately. Some states, however, may require immediate payment. If the regular payday for the last pay period an employee worked has passed and the employee has not been paid, contact the Department of Labor’s Wage and Hour Division or the state labor department.
When an employee resigns or is terminated, there are specific rules on how their final wages are paid to them. Employers should be advised that the rules and requirements for issuing and providing the “final paycheck” vary by state. Below are the  rules for the state of Texas:
An employee who is “involuntarily terminated” or fired  must receive their final paycheck within six (6) calendar days; however an employee who “voluntarily quits” can receive their final paycheck on the next regularly scheduled pay day.
For more information you can contact your states Department of Labor, consult with your PEO Payroll Department, or contact the LL Roberts Group and speak with one of our Professional PEO Consultants (toll free) at 877.878.6463.  For more information on the LL Roberts Group and PEOs visit
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