Final Paycheck Check

Final paycheck laws in West Virginia

West Virginia requires a discharged employee's wages within four business days of discharge, or by the next regular payday, whichever is sooner.

The West Virginia deadline card

If you were fired or laid offnext payday or 4 business days, whichever is sooner
If you quitby the next regular payday

Law: W. Va. Code §21-5-4 · Rules checked October 2026

If you quit

If you quit, West Virginia sets the deadline at the next regular payday. The free wage claim for either path goes to the West Virginia Division of Labor — the walkthrough in the kit lists its window and what to attach.

The late penalty in West Virginia

West Virginia sets no automatic waiting-time penalty; unpaid wages are recovered through the Division of Labor or court.

Vacation (PTO) payout in West Virginia

Your state treats earned vacation as wages: if you had accrued, unused vacation when you left, it must be paid in your final check. Forfeiture clauses ("use it or lose it" at separation) are void here.

Filing the claim in West Virginia

The free claim goes to West Virginia Division of Labor. It costs nothing and you do not need a lawyer; what you need is the amount computed, the demand already sent where your state rewards one, and the file assembled.

Filing window: set by state law and shorter than people expect — file within weeks, not months.

Compute your West Virginia verdict — free

General information from the published statute — not legal advice. Penalty figures elsewhere on this site are statutory maximums, with willfulness conditions named where the statute names them.