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

Vermont 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
21 V.S.A. § 342; § 347
If you were fired
An employee who is discharged must be paid in full within 72 hours of the discharge (21 V.S.A. § 342).
If you resigned
An employee who leaves voluntarily is paid on the last regular pay day, or if there is no regular pay day, on the following Friday.
If you were laid off
A layoff is treated as a discharge: payment within 72 hours.
Late-pay penalty
Vermont does not add a computable liquidated-damages formula to the wages. The remedy is the unpaid wages through the Department of Labor or small claims court, with costs where the statute allows.
Unused vacation
Vermont treats accrued vacation as wages when the employer's policy creates the right; earned time is payable at separation unless a valid policy ends it.
Commissions & bonus
Commissions earned under the employment agreement are wages under § 342 and follow the same deadline.
Where to file
Vermont Department of Labor — Wage and Hour · 802-951-4000
Small claims limit
$5,000 for an individual — Superior Court small claims up to $5,000. · court self-help
Last verified
2026-11-03 single source

What Vermont law actually requires

An employee who is discharged must be paid in full within 72 hours of the discharge (21 V.S.A. § 342).

An employee who leaves voluntarily is paid on the last regular pay day, or if there is no regular pay day, on the following Friday.

Vermont treats accrued vacation as wages when the employer's policy creates the right; earned time is payable at separation unless a valid policy ends it.

Commissions earned under the employment agreement are wages under § 342 and follow the same deadline.

What being late is worth

Vermont does not add a computable liquidated-damages formula to the wages. The remedy is the unpaid wages through the Department of Labor or small claims court, with costs where the statute allows.

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 Vermont Department of Labor — Wage and Hour, which handles wage claims administratively, usually at no cost. The alternative is small claims court, where the limit for an individual in Vermont 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 Vermont

When is my final paycheck due in Vermont?

An employee who is discharged must be paid in full within 72 hours of the discharge (21 V.S.A. § 342).

I quit — does the deadline change in Vermont?

An employee who leaves voluntarily is paid on the last regular pay day, or if there is no regular pay day, on the following Friday.

Does Vermont require unused vacation to be paid out?

Vermont treats accrued vacation as wages when the employer's policy creates the right; earned time is payable at separation unless a valid policy ends it.

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

Two routes: file a wage claim with the Vermont Department of Labor — Wage and Hour (https://labor.vermont.gov/wage-hour), 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

Other states

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