When is a final paycheck due?

My last day at my job was the 1st of this month. They paid me wrong amount via direct deposit, then told me they are going to reverse the deposit, which they did. However, they did not deposit the monies owed to me. When questioned they said “Because you voluntarily quit and were not terminated by the Town, we are legally required to pay you by the next scheduled pay date on our calendar. An employer is legally obligated to pay an individual within 3 business days only if an employee is fired”. Can they do that?

Asked on August 15, 2012 under Employment Labor Law, Arizona


Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

It used to be three days if the employee was terminated.  The statute is ARS 23-353.  The current law is that if you are fired, your employer has to pay you within 7 days or at the end of the pay period.  If you quit, your employer pays you on the next regular pay day for the pay period within which you left the job.






IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.