How long does an employee whoquit have to come and get their last paycheck?

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How long does an employee whoquit have to come and get their last paycheck?

An employee is taking forever to come get his check.

Asked on April 16, 2019 under Employment Labor Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

They have up to three years, if there was no written employment contract (five years if there was). When there is no written contract, the final paycheck is considered money due under an oral agreement (the unwritten agreement or understanding between the two of you about him being paid for working). The statute of limitations, or time within which he'd have to start legal action to get his money if not paid, is three years in your state; that defines how long you have to keep the money available for him.
Have you considered mailing to him? If so, do so some way you can prove delivery.


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