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When is final paycheck due?

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LorenSterling

Junior Member
What is the name of your state? Arizona and North Carolina

How long does an employer have to furnish a terminated employee with a final paycheck?

My current situation is with an employee who gave two weeks notice that he was quitting. About a week later he had an angry confrontation with his supervisor wherein he made somewhat threatening remarks to her. He was asked to vacate the premises (many of our employees live on site). He maintains that he was fired and has demanded his final check. I don't know whether the DOL would consider him a voluntary termination or not.

I process time reporting and payroll on a weekly basis for about four hundred employees and it takes a full week to get it all together. Almost all the employees are hourly. Many require manual entry because they use a log sheet instead of a time clock, or because they work two positions at different rates, or because they receive tip shares (like the employee in question).

I chose to process the payroll the way I normally do to ensure that our other four hundred employees are paid on time, rather than stop the process and focus on getting the information together for this one. The employee in question will still get payment one day ahead of the next scheduled payroll.

What repercussions might there be if he calls the DOL? And does the time limit apply only to wages or to the company-collected tip shares as well?

The current situation is in Arizona, but I'd like to know N. Carolina requirements as well since we operate there for half of each year.
 


cbg

I'm a Northern Girl
I don't know whether the DOL will consider him a voluntary termination or not, either. But here are the state regs:

Arizona:

For an employee who is fired, three working days or next regular payday, whichever is sooner; For an employee who quits, next regular payday.

North Carolina:

Next regular payday in all instances
 

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