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Final paycheck law in New Hampshire: when your last wages are due

New Hampshire 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
N.H. RSA 275:44
If you were fired
When an employer discharges an employee, the wages must be paid in full within 72 hours (RSA 275:44, I).
If you resigned
When an employee quits or resigns, wages must be paid no later than the next regular payday (RSA 275:44, II).
If you were laid off
A layoff is treated as a discharge: full payment within 72 hours.
Late-pay penalty
New Hampshire does not add liquidated damages to the employee's claim for a late final paycheck. The remedy is the wages through the Department of Labor or district court.
Unused vacation
New Hampshire requires payout of accrued vacation only if the employer's written policy provides for it.
Commissions & bonus
Commissions earned under the agreement are wages and follow the same 72-hour / next-payday rule.
Where to file
New Hampshire Department of Labor · 603-271-3176
Small claims limit
$5,000 for an individual — District court small claims up to $5,000. · court self-help
Last verified
2026-11-03 single source

What New Hampshire law actually requires

When an employer discharges an employee, the wages must be paid in full within 72 hours (RSA 275:44, I).

When an employee quits or resigns, wages must be paid no later than the next regular payday (RSA 275:44, II).

New Hampshire requires payout of accrued vacation only if the employer's written policy provides for it.

Commissions earned under the agreement are wages and follow the same 72-hour / next-payday rule.

What being late is worth

New Hampshire does not add liquidated damages to the employee's claim for a late final paycheck. The remedy is the wages through the Department of Labor or district court.

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 New Hampshire 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 New Hampshire 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 New Hampshire

When is my final paycheck due in New Hampshire?

When an employer discharges an employee, the wages must be paid in full within 72 hours (RSA 275:44, I).

I quit — does the deadline change in New Hampshire?

When an employee quits or resigns, wages must be paid no later than the next regular payday (RSA 275:44, II).

Does New Hampshire require unused vacation to be paid out?

New Hampshire requires payout of accrued vacation only if the employer's written policy provides for it.

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

Two routes: file a wage claim with the New Hampshire Department of Labor (https://www.nh.gov/labor/), 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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