If you’re about to receive your final paycheck from an employer in Washington State, you should familiarize yourself with the state law, so you’ll know everything your employer should pay. Let’s look at the payment itself, any necessary deductions, and available benefits.
Can Your Employer Withhold Your Final Paycheck?
You’re due your final paycheck no later than the next regular payday. It doesn’t matter whether you voluntarily left your old employer or were fired.
Some employers may want to hold your final paycheck until you turn in company property. For example, there might be company equipment you have that the employer allowed you to keep at your home or in your private vehicle. This could be something like a computer or uniforms.
However, under the state law, the employer can’t delay your final paycheck because you have yet to return certain equipment. The law doesn’t distinguish between inexpensive items and items with a fair market value greater than the paycheck.
Will There Be Deductions from the Final Paycheck?
Your final paycheck is subject to only a few specified types of deductions, which can be broken down into four basic categories. The first is mandatory deductions. These are the standard government deductions, whether at the federal or state level.
Next are the deductions that you chose. A typical example is a deduction for the medical plan you selected.
The third type involves repayments. This deduction is for outstanding loans and advances.
The final category is for losses to the employer. In other words, the employer will deduct money to cover damage or mismanagement of funds resulting from your intentional dishonesty. Despite there being four types of deductions, a deduction can’t lower your final payment below Washington’s minimum wage line, according to the law.
Will I Receive Compensation for Vacation and Other Benefits?
You’re entitled to receive a payout for any agreement you’ve entered that obligates your employer to compensate for vacation or personal time off you’re due. The state law doesn’t specify the requirement, but any legal agreement between you and your employer should stand up in court.
The situation is similar regarding sick leave and severance pay. Your employer has to honor any legal agreement guaranteeing such payment, even though the state law doesn’t specifically cite sick leave and severance pay.
What Happens If I Die with a Final Payment Due?
In the event of your death, your family could receive a maximum of $10,000 from your employer without going into probate court. Any eligible funds would first go to your surviving spouse.
If there is no spouse, the money goes to your children. If you die childless, the payment goes to your surviving parents.
If a spouse shows proof of being entitled to community property, they can receive all the payment, not just $10,000, due to you at the time of your death.
How Can I Force My Employer to Pay Me?
What steps should you take if your employer is overdue with your payment? Contact the state’s Department of Labor and Industries and file a complaint.
You can also file a civil lawsuit. This is best done with the help of an experienced attorney. But if it’s only a small amount of unpaid wages, you can file a claim in small claims court, where you probably won’t need an attorney.
What incentive is there for employers to abide by the state law? Civil charges could result in a maximum penalty of $20,000. Plus, if you have to hire a lawyer to fight for your wages, you may also request that your employer pay your attorney fees.
