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

Montana 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
Mont. Code § 39-3-205; § 39-3-206 (penalty)
If you were fired
Unpaid wages are due 15 days from the separation date, or on the next regular payday for that pay period, whichever comes first (Mont. Code § 39-3-205).
If you resigned
Resignation falls under the same rule: 15 days from separation or the next regular payday, whichever is earlier (Mont. Code § 39-3-205).
If you were laid off
If you were separated for cause or laid off, § 39-3-205 requires payment immediately on separation unless the employer pays on the next regular payday.
Late-pay penalty
Montana provides a penalty for failure to pay at the time required (§ 39-3-206), but the statute does not set a formula that can be computed from the wages alone; the amount is determined in the proceeding.
Unused vacation
Montana requires payout of accrued vacation only where the employer's written policy or agreement creates the right.
Commissions & bonus
Commissions earned before separation are wages and follow the same deadline.
Where to file
Montana Department of Labor & Industry — Employment Relations · 406-444-5600
Small claims limit
$7,000 for an individual — Justice court small claims up to $7,000. · court self-help
Last verified
2026-11-03 single source

What Montana law actually requires

Unpaid wages are due 15 days from the separation date, or on the next regular payday for that pay period, whichever comes first (Mont. Code § 39-3-205).

Resignation falls under the same rule: 15 days from separation or the next regular payday, whichever is earlier (Mont. Code § 39-3-205).

Montana requires payout of accrued vacation only where the employer's written policy or agreement creates the right.

Commissions earned before separation are wages and follow the same deadline.

What being late is worth

Montana provides a penalty for failure to pay at the time required (§ 39-3-206), but the statute does not set a formula that can be computed from the wages alone; the amount is determined in the proceeding.

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.

If they still don't pay

File with the Montana Department of Labor & Industry — Employment Relations, which handles wage claims administratively, usually at no cost. The alternative is small claims court, where the limit for an individual in Montana is $7,000. 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 Montana

When is my final paycheck due in Montana?

Unpaid wages are due 15 days from the separation date, or on the next regular payday for that pay period, whichever comes first (Mont. Code § 39-3-205).

I quit — does the deadline change in Montana?

Resignation falls under the same rule: 15 days from separation or the next regular payday, whichever is earlier (Mont. Code § 39-3-205).

Does Montana require unused vacation to be paid out?

Montana requires payout of accrued vacation only where the employer's written policy or agreement creates the right.

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

Two routes: file a wage claim with the Montana Department of Labor & Industry — Employment Relations (https://erd.dli.mt.gov/), or sue in small claims court where an individual's claim limit is $7,000. 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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