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Minnesota 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.
On discharge, wages and commissions actually earned and unpaid are immediately due and payable upon the employee's demand (Minn. Stat. § 181.13). Minnesota is close to a same-day state: the demand starts the clock.
If you resign, wages are due by the next regular payday; the immediate-payment rule in § 181.13 is written for employees who are discharged.
Minnesota treats earned vacation as wages: it must be paid at separation unless the employer's written policy clearly provides for forfeiture.
Commissions actually earned and unpaid at discharge are expressly covered by § 181.13 and are due immediately on demand, not on the normal commission cycle.
Minn. Stat. § 181.13: in addition to the wages, the discharged employee may recover a penalty equal to average daily earnings at the regular rate of pay for each day the wages remain unpaid, up to 15 days.
At $20/hour (a $160 daily wage) and 10 days late, the possible additional amount is about $1,600.00. 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 Minnesota Department of Labor and Industry — Labor Standards, which handles wage claims administratively, usually at no cost. The alternative is small claims court, where the limit for an individual in Minnesota is $15,000. 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.
On discharge, wages and commissions actually earned and unpaid are immediately due and payable upon the employee's demand (Minn. Stat. § 181.13). Minnesota is close to a same-day state: the demand starts the clock.
If you resign, wages are due by the next regular payday; the immediate-payment rule in § 181.13 is written for employees who are discharged.
Minnesota treats earned vacation as wages: it must be paid at separation unless the employer's written policy clearly provides for forfeiture.
Two routes: file a wage claim with the Minnesota Department of Labor and Industry — Labor Standards (https://www.dli.mn.gov/business/employment-practices), or sue in small claims court where an individual's claim limit is $15,000. 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
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