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Delaware sets its own deadline, its own penalty, and its own rule on unused vacation. Here is what the statute says, what it is worth to you, and where to file if the money never arrives.
Wages must be paid within 7 days from the close of the pay period in which they were earned (19 Del. C. § 1103). That applies to the final pay period as well.
Resignation does not extend the deadline: wages for the final pay period are due within 7 days of its close.
Delaware requires payout of accrued vacation only if the employer's written policy or agreement provides for it.
Commissions earned in the final pay period are wages and are due within the same 7 days.
Delaware's Department of Labor may impose a civil penalty on the employer, but the statute does not add a liquidated-damages multiple to the employee's claim. The remedy is the wages, plus the department's penalty power.
This state does not impose a separate statutory penalty for late final pay. Treat that number as leverage in the letter, not as a promise: a court or agency decides what is actually owed, and the penalty provisions usually require the employer to have acted wilfully or without good cause.
File with the Delaware Department of Labor, which handles wage claims administratively, usually at no cost. The alternative is small claims court, where the limit for an individual in Delaware is $25,000. Both routes go better with a dated written demand and a certified-mail receipt, because the first question either forum asks is when the employer knew.
Wages must be paid within 7 days from the close of the pay period in which they were earned (19 Del. C. § 1103). That applies to the final pay period as well.
Resignation does not extend the deadline: wages for the final pay period are due within 7 days of its close.
Delaware requires payout of accrued vacation only if the employer's written policy or agreement provides for it.
Two routes: file a wage claim with the Delaware Department of Labor (https://labor.delaware.gov/), or sue in small claims court where an individual's claim limit is $25,000. A dated written demand sent first is what makes either route easier, because it fixes the date the employer was on notice.
Only official sources are used: the state labor agency, the statute itself, and where relevant the U.S. Department of Labor. Third-party summary sites are deliberately excluded because they disagree with each other on penalty formulas.
Reviewed 2026-11-03 · reviewed again every 90 days.
being fired · resigning · a layoff · unused PTO · unpaid commissions