The Last Paycheck
W. Va. Code § 21-5-4 — by the next regular payday, fired, quit or laid off, or twice the amount on top
The next regular payday. When an employee is discharged, quits or resigns, the employer pays the wages due for work done before the separation on or before the next regular payday on which they would otherwise be due.
An employee laid off, or whose work is suspended by a labor dispute, is paid in full by the next regular payday as well. At the employee's request, the pay comes by mail, and counts as paid on the postmark date.
Two times. An employer that does not pay as the section requires owes the unpaid amount plus two times that amount as liquidated damages.
Fringe benefits due later under the terms of an agreement are paid on those terms. A particular claim is a question for a licensed West Virginia attorney.
Sources for this section (1)
- W. Va. Code § 21-5-4 — Cash orders; employees separated from payroll before paydays; employer provided property
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.