When your final paycheck is due in Delaware
In Delaware, if you are fired or laid off, your final paycheck is due by the next regular payday or within 3 business days after the last day worked, whichever is later. The same rule applies if you quit.
- Fired or laid off
- Next regular payday or 3 business days after the last day worked, whichever is later
- If you quit
- Next regular payday or 3 business days after the last day worked, whichever is later
- If the employer pays late
- Without reasonable grounds for dispute, the employer also owes liquidated damages of 10% of the unpaid wages per day (except Sundays and holidays), up to the amount of the unpaid wages.
- Filing a wage claim
- File a wage complaint with the Delaware Department of Labor, Division of Industrial Affairs.
The employee can ask for the final check to be mailed.
The law
19 Del. C. § 1103. Read the statute or the state agency’s page.
Checked against the statute in October 2026. Laws change, so confirm the current rule before you rely on it.
What to do next
If the deadline has passed, ask for the wages in writing first and keep a copy. The free first letter in the Wage Claim Letters kit does this. If that doesn’t work, file a wage claim with the agency listed above. The final paycheck lookup compares states side by side.
Other states
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- Washington, D.C.
- West Virginia
- Wisconsin
- Wyoming
General information about Delaware law, not legal advice, and not a substitute for the advice of an attorney. Wage Claim Letters is a self-help template kit from Kits For That.