['Termination']
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04/26/2024
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Summary of differences between federal and state regulations
Employers are not required by federal law to give former employees their final paycheck immediately. Some states, however, may require immediate payment or payment within a specific time period.
In Delaware, whenever an employee quits, resigns, is discharged, suspended, or laid off, the employer must pay the employee on the later of the following:
- The next date the wages would be paid through the last day worked under the employer's regular pay cycle as if the employment had not stopped,
- Three business days after the last day worked.
Employers must make the payment using either of the following methods:
- The usual pay channels as if the employment had not been suspended or terminated;
- If requested by the employee, by mail to the address provided in the employee's request or, if no address is provided, the most recent address provided to the employer.
(Del. Code Ann. tit. 19, §1103)
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