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South Carolina 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.
When an employer separates an employee from the payroll for any reason, all wages due must be paid within 48 hours of the separation, or on the next regular payday, which may not be more than 30 days later (S.C. Code § 41-10-50).
Resignation is a separation 'for any reason' under § 41-10-50: wages are due within 48 hours or by the next regular payday, capped at 30 days.
South Carolina requires payout of accrued vacation only if the employer's written policy or contract provides for it.
Commissions earned before separation are wages due under § 41-10-50 and follow the same 48-hour rule.
South Carolina does not add liquidated damages or a waiting-time penalty payable to the employee. A violation of § 41-10-50 is a misdemeanour, and the practical remedy is a claim for the wages through the Department of Labor, Licensing and Regulation or magistrate 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.
File with the South Carolina Department of Labor, Licensing and Regulation, which handles wage claims administratively, usually at no cost. The alternative is small claims court, where the limit for an individual in South Carolina is $7,500. 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.
When an employer separates an employee from the payroll for any reason, all wages due must be paid within 48 hours of the separation, or on the next regular payday, which may not be more than 30 days later (S.C. Code § 41-10-50).
Resignation is a separation 'for any reason' under § 41-10-50: wages are due within 48 hours or by the next regular payday, capped at 30 days.
South Carolina requires payout of accrued vacation only if the employer's written policy or contract provides for it.
Two routes: file a wage claim with the South Carolina Department of Labor, Licensing and Regulation (https://llr.sc.gov/labor/), or sue in small claims court where an individual's claim limit is $7,500. 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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