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West Virginia 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, resignation or any other separation, wages due for work already performed must be paid on or before the next regular payday on which those wages would otherwise be payable (W. Va. Code § 21-5-4).
Resignation is covered by the same rule: payment on or before the next regular payday.
West Virginia does not require payout of unused vacation unless the employer's written policy or an agreement provides for it.
Commissions earned before separation are wages under § 21-5-4 and follow the same payday rule.
W. Va. Code § 21-5-4a: liquidated damages of twice the unpaid wages and attorney's fees are available, but only to an employee who first makes a written demand and gives the employer the statutory period to pay. This letter is that demand.
On $2,000.00 of unpaid wages, a 2× provision would expose the employer to about $4,000.00 in total. 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 West Virginia Division 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 West Virginia is $10,000. 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, resignation or any other separation, wages due for work already performed must be paid on or before the next regular payday on which those wages would otherwise be payable (W. Va. Code § 21-5-4).
Resignation is covered by the same rule: payment on or before the next regular payday.
West Virginia does not require payout of unused vacation unless the employer's written policy or an agreement provides for it.
Two routes: file a wage claim with the West Virginia Division of Labor — Wage and Hour (https://labor.wv.gov/), or sue in small claims court where an individual's claim limit is $10,000. 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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