Payday and the Last Paycheck
MCA 39-3-205 — the final wages by the next payday or within 15 days, at once after a firing for cause, and a penalty up to 110%
Every employer pays the wages earned in money or in a check good for cash at full face value, and may not hold back wages for longer than 10 business days after they are due. Direct deposit takes the employee's consent, and no employee may be required to use it.
Who handles this in Montana: Montana Employment Standards Division; and legal aid programs, lawyer referral and the state offices, listed in the Montana directory.
- An employee who quits is paid all unpaid wages on the next regular payday for that pay period, or within 15 days of leaving, whichever comes first.
- An employee fired for cause or laid off is paid immediately, unless a written personnel policy pushes the date to the next regular payday or 15 days.
- A wage withheld over an alleged theft takes the employee's written agreement, or a police report within 7 business days of the separation.
The penalty. An employer who does not pay on time commits a misdemeanor and also owes the employee a penalty of up to 110% of the wages due. A complaint for the wages and penalty is filed within 180 days of the default or delay.
Sources for this section (4)
- MCA 39-3-204 — Payment of wages generally
- MCA 39-3-205 — Payment of wages when employee separated from employment prior to payday -- exceptions
- MCA 39-3-206 — Penalty for failure to pay wages at times specified in law
- MCA 39-3-207 — Period within which employee may recover wages and penalties
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.