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Final paycheck law in Maryland: when your last wages are due

Maryland 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.

Statute
Md. Code, Lab. & Empl. §§ 3-505, 3-507.2
If you were fired
All wages due for work performed before the termination must be paid on or before the day you would have been paid had the employment continued (Md. Code, Lab. & Empl. § 3-505(a)).
If you resigned
Resignation is covered by the same rule: wages due for work already performed are payable on the day you would have been paid had you stayed.
If you were laid off
A layoff is a termination for this purpose: wages are due on the next scheduled payday.
Late-pay penalty
Md. Code, Lab. & Empl. § 3-507.2: once two weeks have passed from the date payment was required, the employee may sue, and if the court finds the wages were withheld without a bona fide dispute it may award up to three times the wage, plus reasonable counsel fees and costs. The multiplier is discretionary, so the letter records the exposure rather than promising it.
Unused vacation
Maryland does not require payout of accrued leave where the employer has a written policy limiting it, notified the employee of the benefit, and the employee is not entitled to payment under that policy (§ 3-505(b)). Absent such a policy, accrued leave is wages due at termination.
Commissions & bonus
Commissions earned before termination are wages under § 3-505 and are due on the same next-payday schedule.
Where to file
Maryland Department of Labor — Division of Labor and Industry · 410-767-2245
Small claims limit
$5,000 for an individual — District Court small claims, up to $5,000. · court self-help
Last verified
2026-11-03 two sources agree

What Maryland law actually requires

All wages due for work performed before the termination must be paid on or before the day you would have been paid had the employment continued (Md. Code, Lab. & Empl. § 3-505(a)).

Resignation is covered by the same rule: wages due for work already performed are payable on the day you would have been paid had you stayed.

Maryland does not require payout of accrued leave where the employer has a written policy limiting it, notified the employee of the benefit, and the employee is not entitled to payment under that policy (§ 3-505(b)). Absent such a policy, accrued leave is wages due at termination.

Commissions earned before termination are wages under § 3-505 and are due on the same next-payday schedule.

What being late is worth

Md. Code, Lab. & Empl. § 3-507.2: once two weeks have passed from the date payment was required, the employee may sue, and if the court finds the wages were withheld without a bona fide dispute it may award up to three times the wage, plus reasonable counsel fees and costs. The multiplier is discretionary, so the letter records the exposure rather than promising it.

On $2,000.00 of unpaid wages, a 3× provision would expose the employer to about $6,000.00 in total. 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.

If they still don't pay

File with the Maryland Department of Labor — Division of Labor and Industry, which handles wage claims administratively, usually at no cost. The alternative is small claims court, where the limit for an individual in Maryland is $5,000. 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.

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Questions people ask about Maryland

When is my final paycheck due in Maryland?

All wages due for work performed before the termination must be paid on or before the day you would have been paid had the employment continued (Md. Code, Lab. & Empl. § 3-505(a)).

I quit — does the deadline change in Maryland?

Resignation is covered by the same rule: wages due for work already performed are payable on the day you would have been paid had you stayed.

Does Maryland require unused vacation to be paid out?

Maryland does not require payout of accrued leave where the employer has a written policy limiting it, notified the employee of the benefit, and the employee is not entitled to payment under that policy (§ 3-505(b)). Absent such a policy, accrued leave is wages due at termination.

What can I do if my employer misses the deadline in Maryland?

Two routes: file a wage claim with the Maryland Department of Labor — Division of Labor and Industry (https://labor.maryland.gov/labor/wages/), or sue in small claims court where an individual's claim limit is $5,000. A dated written demand sent first is what makes either route easier, because it fixes the date the employer was on notice.

Sources

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.

By situation

being fired · resigning · a layoff · unused PTO · unpaid commissions

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