Employment · Final Paycheck
Final Paycheck Laws in New Hampshire
When your last paycheck is due after you leave a job in New Hampshire: the deadline if you were fired, the deadline if you quit, and what happens if the check is late.
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Fired vs. quit — when the check is due
The two deadlines side by side. In most states they match; in a few they don’t.
Within 72 hours if you are fired or discharged. RSA 275:44 requires an employer that discharges an employee to pay all wages in full within 72 hours of the discharge.
On the next regular payday if you quit. RSA 275:44 sets the next scheduled payday as the default when you resign. But if you gave at least one full pay period of notice before leaving, all wages are due within 72 hours instead. A layoff (a temporary separation, rather than being fired) also follows the next-regular-payday rule.
New Hampshire is one of the few states where quitting and being fired carry different deadlines. Check the side that applies to you.
If your final pay is late
The California waiting-time penalty is one of a kind; every other state uses a different remedy.
Note: this is a damages or civil-penalty remedy, not a California-style per-day waiting-time penalty. Only California’s §203 lets your daily wage keep running as a penalty until you are paid.
The full rule, with the statute
Every deadline and remedy, and how New Hampshire sets each.
| Situation | Deadline in New Hampshire | Detail |
|---|---|---|
| If you were fired | 72 hours | Within 72 hours if you are fired or discharged. RSA 275:44 requires an employer that discharges an employee to pay all wages in full within 72 hours of the discharge. |
| If you quit | Next payday | On the next regular payday if you quit. RSA 275:44 sets the next scheduled payday as the default when you resign. But if you gave at least one full pay period of notice before leaving, all wages are due within 72 hours instead. A layoff (a temporary separation, rather than being fired) also follows the next-regular-payday rule. |
| Notice matters? | No | Giving notice does not change the deadline in this state. |
| Waiting-time penalty | None | No per-day continuing-wage penalty. That remedy exists only in California under §203. |
| Other late-pay remedy | Liquidated damages up to 100% | Under RSA 275:44 IV, an employer that willfully and without good cause fails to pay final wages on time owes liquidated damages on top of the wages. The amount is 10% of the unpaid wages for each day (except Sundays and legal holidays) the failure continues, capped at an amount equal to the unpaid wages themselves. In practice that caps the extra at 100% of what you were owed, and the New Hampshire Department of Labor can order the wages plus the added damages. |
Deadlines here cover earned wages. Whether unused vacation or PTO must be included in a final check is a separate question that varies by state and by the employer’s written policy.
What New Hampshire workers get wrong
In New Hampshire, being fired and quitting run on two different clocks. If your employer discharges you, RSA 275:44 requires all of your final wages within 72 hours of the discharge. If you quit, the default is your next regular payday, unless you gave at least one full pay period of notice, in which case the 72-hour deadline applies instead. A layoff, meaning a temporary separation rather than a firing, also falls under the next-regular-payday rule. The statute adds real teeth: under RSA 275:44 IV, an employer that willfully and without good cause pays late owes liquidated damages of 10% of the unpaid wages per day (excluding Sundays and holidays), capped at an amount equal to the wages themselves, so the penalty can reach 100% of what you were owed. The New Hampshire Department of Labor handles unpaid-wage claims and can order both the wages and the added damages. Both private and public employers in the state are covered.
Common questions
When is my final paycheck due in New Hampshire if I was fired?
Within 72 hours of your discharge. RSA 275:44 requires an employer that fires or discharges an employee to pay all wages in full within 72 hours.
When is my final paycheck due in New Hampshire if I quit?
On your next regular payday. But if you gave your employer at least one full pay period of notice before leaving, your wages are due within 72 hours instead.
What if I was laid off rather than fired in New Hampshire?
A layoff, meaning a temporary separation rather than a firing, follows the next-regular-payday rule under RSA 275:44 rather than the 72-hour discharge deadline.
What penalty applies if my New Hampshire employer pays my final wages late?
Under RSA 275:44 IV, an employer that willfully and without good cause pays late owes liquidated damages of 10% of the unpaid wages per day (excluding Sundays and legal holidays), capped at an amount equal to the unpaid wages. That caps the extra at 100% of what you were owed, on top of the wages.
Where do I file an unpaid-wage claim in New Hampshire?
With the New Hampshire Department of Labor, which handles wage claims and can order both the unpaid wages and the liquidated damages allowed under RSA 275:44 IV.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.