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Being fired does not change what you are owed — it changes the deadline. In West Virginia, 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).
If that date has passed and the money has not arrived, you are no longer asking for a favour; you are recording a missed legal deadline. That is the difference a demand letter makes.
A demand letter fixes three things at once: the amount, the date each item was due, and the date the employer was on notice. Every forum that can help you — the West Virginia Division of Labor — Wage and Hour, a small claims judge — starts from those three facts. The letter is built from W. Va. Code § 21-5-4; § 21-5-4a (written demand) and your own figures, so the deadline it states is the one that applies to your separation, not a generic thirty days.
If the amount fits inside $10,000, small claims court is usually faster than an agency queue; if it does not, the agency route and a demand first is the cheaper path.
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).
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.
resigning · a layoff · unused PTO · unpaid commissions · all West Virginia rules
Reviewed 2026-11-03 against the sources listed on the West Virginia page. This is a self-help document tool, not legal advice, and no outcome is guaranteed.