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West Virginia Final Paycheck Law (2026)

When your last paycheck is due in West Virginia after you leave a job, whether you quit or were fired, and what it has to include.

Updated for 2026 Verified Jul 6, 2026
Compiled and verified by David Scott · Verified Jul 6, 2026

In West Virginia, your final paycheck is due next scheduled payday if you are fired, and on or before the next scheduled payday if you quit.

Final paycheck deadline in West Virginia

If you are fired or laid off
Next scheduled payday
If you quit
On or before the next scheduled payday

What your final pay must include

Your final paycheck must include all the wages you earned through your last day. Whether it also has to include unused vacation depends on your state and your employer's policy, some states treat accrued vacation as wages that must be paid out. See West Virginia PTO payout rules. If an employer misses the deadline, many states add penalties. This is general information, not legal advice.

Common questions

West Virginia final paycheck FAQ

When is my final paycheck due in West Virginia if I am fired?
If you are fired in West Virginia, your final paycheck is due next scheduled payday.
When is my final paycheck due if I quit in West Virginia?
If you quit in West Virginia, your final paycheck is due on or before the next scheduled payday.
Does my final paycheck include unused PTO?
It depends on your state and your employer's policy. Some states require accrued vacation to be paid out at separation. See West Virginia PTO payout rules for details.
Can an employer withhold my final paycheck in West Virginia?
No. An employer cannot withhold earned wages. They can make lawful deductions, but the wages you have earned are owed by the state deadline, whether or not you return company property (with narrow exceptions in a few states).
Where can I find the official West Virginia rule?
The West Virginia Division of Labor and your state wage-payment law govern final pay. The official source is linked on this page.
David Scott

David Scott compiles and verifies minimum wage rates, tipped wages, and overtime rules from official state and federal labor department sources, and re-checks every page when rates change. See how the data is sourced.