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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

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 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.

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