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- Category: Unpaid Wages
When you go to work in Washington, you have certain rights–none more important than being paid fairly and on time. This also happens to apply if you’re fired or you quit. Ferraro Vega Employment Lawyers can help you if your employer is violating your workplace rights. Contact us today for a free consultation to learn more.
What is Washington’s Final Paycheck Law?
In Washington, state law says that employees receive their final paycheck within a certain period of time, whether they quit or are fired.
- Your employer has to give you your final paycheck on or before your next regularly scheduled payday.
Unlike some other states, Washington does not require your employer to give you immediate payment when you quit or are fired, but your employer also can’t withhold your paycheck for any reason, even if you haven’t returned company property like keys, uniforms, or equipment.
What Options Do I Have If I Don’t Get My Final Paycheck?
If your employer doesn’t pay you on time after you leave a job, that’s a serious violation of Washington wage laws. A late final paycheck is considered unpaid wages, and you have legal options to recover what you’re owed. In Washington, you can:
- File an administrative complaint with the Washington State Department of Labor & Industries (L&I)
- File a civil lawsuit, either on your own or through a class action lawsuit
It doesn’t matter if your employer intentionally withheld your final paycheck or if it was an oversight–the law still holds them accountable. But generally, the process plays out as follows:
- You can start by filing a wage claim with the Washington State Department of Labor & Industries (L&I). They investigate unpaid wage claims and, if they find your employer violated the law, they can order them to pay your wages and issue fines.
- If L&I doesn’t resolve your claim or you want to pursue additional damages, you can file a civil lawsuit against your employer. In court, you may be able to recover:
- Unpaid wages that should have been included in your final paycheck
- Back pay for the delayed payment
- Liquidated damages, which provide extra compensation for wage violations
- Emotional distress damages
- Attorney’s fees and court costs
If multiple employees were denied their final paychecks, you may be able to file a class action lawsuit. This allows you and other coworkers to take legal action together, which can strengthen the case and potentially lead to a faster resolution where you split damages amongst the “class.”
In terms of legal deadlines, you generally have three years to file a claim for unpaid wages. But unfortunately, any claim you make is going to require you to provide certain information that will strengthen your claim.
How to Build a Strong Claim for a Missing Final Paycheck
Although the law is straightforward when it comes to you getting your final paycheck,
recovering your unpaid final wages means providing proof. Fortunately, gathering the right documentation can make your case much stronger. Here’s what can help support your claim:
- Pay stubs – These show what you were paid in previous pay periods and can highlight missing wages.
- Time records – If you clocked in and out for work, these records can confirm the hours you worked but weren’t paid for.
- Work schedules or emails – If your employer assigned you shifts that weren’t properly paid on your final check, these records can help.
- Employment agreements or company policies – Any documents outlining your pay rate, overtime eligibility, or final paycheck procedures can support your claim.
- Communication with your employer – If you emailed, texted, or spoke with your employer about your missing wages, save those messages as evidence.
- Coworker statements – If other employees also didn’t receive their final paycheck on time, their statements can help prove a larger issue. This can also set the stage for a potential class action.
Keeping these records organized can make a big difference in getting wages from your final check. Our team can help you gather evidence and build a strong case to hold your employer accountable.
Get Legal Help If Your Employer Won’t Pay You On Time in Washington
No matter what industry you work in, you have a legal right to get your final paycheck on time. If your employer doesn’t follow through, they are violating Washington’s wage laws, and you have the right to take legal action.
At Ferraro Vega Employment Lawyers, we fight for workers who have been denied their rightful pay. If your employer hasn’t given you your final paycheck, contact us today for a free consultation and let us help you through the claims process.