West Virginia Payout Agreement
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FAQ
If an employee has unused accrued PTO when they quit, are fired, or otherwise separate from the company, they may be entitled to be paid for that time. Around half of the 50 states have statutes that require companies to pay out employees' unused PTO when the employment relationship ends.
West Virginia is an "employment-at-will" state. This means that either the employer or the employee may end the employment relationship at any time and for any reason, unless a law or agreement provides otherwise.
1. How long does my employer have to deliver my last paycheck after I quit or am terminated? Generally, the employer has a reasonable time to pay you your last check, usually within 30 days.
Employees must be paid at least twice every month and with no more than 19 days between paychecks. Railroads. Railroad employers must pay their employees on or before the first day of each month for work completed during the first half of the preceding month.
Code § 21-5-4, an employee who quits his or her job must receive his or her final paycheck immediately if he or she has given the employer at least one pay period's notice, or on the next regularly scheduled pay date if he or she fails to give such notice.
Virginia law has taken the approach that fringe benefits such as vacation/annual/holiday leave, sick leave or severance pay are not required to be paid out by a former employer. In addition, Virginia employers may decide to establish any policy or no policy regarding fringe benefits at the termination of an employee.
Are employers required to provide vacation and sick leave benefits to their employees? No, state law does not require employers to provide any type of employee fringe benefits such as holiday pay, PTO, vacation pay, sick leave, etc. to their employees.
West Virginia is an "employment-at-will" state. This means that either the employer or the employee may end the employment relationship at any time and for any reason, unless a law or agreement provides otherwise.
What if my paycheck is late? Employers are required to meet payroll at least twice a month with no more than nineteen days between paychecks, and to pay their employees for all wages earned up to and including the twelfth day immediately preceding pay day.
West Virginia's Minimum Wage and Maximum Hours Standards Law requires that nonexempt employees be paid a minimum wage of $8.75 per hour. The law generally applies to an employer with six or more employees in any one separate, distinct and permanent location during any calendar week.
