Virginia Final Paycheck Laws: No Acceleration, and HB 238's New Cure Deadline

Virginia does not accelerate final pay at all: wages are due on the same payday you would have received had you kept working, under Va. Code § 40.1-29. The statute makes no distinction between being fired and quitting.

Information last verified on 2026-08-12. This article has not yet been reviewed by a licensed lawyer.

When Is Your Final Paycheck Due in Virginia?

Virginia Code § 40.1-29 uses undifferentiated language, "termination of employment," that covers both discharge and voluntary resignation the same way. There is no accelerated deadline at all: your final wages are due on or before the date you would have been paid had your employment not ended.

"Upon termination of employment an employee shall be paid all wages due him for work performed prior thereto; such payment shall be made on or before the date on which he would have been paid for such work had his employment not been terminated."

In other words, whether you were fired or you quit, Virginia treats your last paycheck exactly like any other paycheck: it arrives on your normal payday, not sooner.

Watch out: Some payroll-blog sites imply Virginia has a hard "final paycheck within X days" rule separate from your regular payday. It doesn't. The statute creates no such number; your last check simply follows the schedule it always would have.

Penalties: Criminal Charges and Civil Damages

Virginia backs its wage-payment law with both a criminal and a civil track, and the two are separate: the criminal charge is prosecuted by the Commonwealth, while your own remedy as an employee is the civil action.

Criminal liability reaches only an employer that acts willfully or with intent to defraud, and subsection F expressly excepts a failure to pay that happened because of a bona fide dispute between the employer and the employee. That carve-out matters: an ordinary disagreement over what you were owed is not a crime. Where the exception does not apply, wages withheld under $10,000 are a Class 1 misdemeanor and $10,000 or more is a Class 6 felony, and so is any second or subsequent conviction no matter how small the amount.

"An employer who willfully or with intent to defraud fails or refuses to pay wages, unless the failure to pay was because of a bona fide dispute between the employer and its employee: 1. To an employee or employees is guilty of a Class 1 misdemeanor if the value of the wages earned and not paid by the employer is less than $10,000; and 2. To an employee or employees is guilty of a Class 6 felony (i) if the value of the wages earned and not paid is $10,000 or more or (ii) regardless of the value of the wages earned and not paid, if the conviction is a second or subsequent conviction under this section or § 40.1-29.3."

The civil track is where you recover. In an employee's wage action the award is mandatory, not discretionary, and reasonable attorney's fees are part of the ordinary award rather than a bonus reserved for the worst cases. If the court finds the employer knowingly failed to pay, the award rises to triple the wages due plus reasonable attorney's fees and costs. A civil action must be commenced within 3 years of when the claim accrued.

"[T]he court shall award the wages owed, an additional equal amount as liquidated damages, plus prejudgment interest thereon as provided in subsection H, and reasonable attorney fees and costs."

HB 238's New 14-Day Cure Requirement (Effective July 1, 2026)

Virginia's wage law changed recently, and the change is now in force. HB 238, enacted as 2026 Acts chapter 1040, amended § 40.1-29 (along with several related sections) effective July 1, 2026. Among the changes: an employer can no longer rely on the good-faith defense to a wage claim unless it cures the violation within 14 days of being notified, by paying all unlawfully withheld wages.

"An employer shall not claim the good faith defense unless such employer cures the violation within 14 days of being notified of the violation by paying all wages unlawfully withheld."

The same 2026 legislation also added an explicit statutory definition of "wages," extended paystub recordkeeping to 3 years, and linked minimum-wage and misclassification damages to the same liquidated and treble-damages framework described above. If your Virginia employer disputes a wage claim, whether it responded within that 14-day cure window after notice can now directly affect whether it can still claim good faith as a defense.

Does Virginia Require PTO or Vacation Payout?

No. Virginia has no statute requiring an employer to provide paid vacation or to cash out unused time when you leave, so payout at separation depends entirely on your employer's own policy or contract. Note what the statute does not say: the "wages" definition added to § 40.1-29 covers "any remuneration an employer owes to an employee, including" hourly pay, prevailing-wage pay, piece-rate and day-rate pay, salary, overtime, commissions, tips, bonuses, and misclassification damages. That list is illustrative rather than exhaustive, so vacation your employer has actually promised you under its own policy or contract can be remuneration it owes, which is exactly why the wording of the policy carries the whole question. A claim that Virginia's Department of Labor and Industry treats a written payout policy as independently enforceable under the wage-payment law could not be confirmed against a live agency page this session.

Deductions From Your Final Paycheck in Virginia

An employer cannot withhold any part of your wages except for payroll, wage, or withholding taxes, or as otherwise required by law, without your written and signed authorization.

"No employer shall withhold any part of the wages of any employee except for payroll, wage or withholding taxes or in accordance with law, without the written and signed authorization of the employee."

Filing a Wage Claim in Virginia

The Virginia Department of Labor and Industry (DOLI), Payment of Wage Unit, accepts claims through its self-service portal or a signed paper form by mail; faxed or emailed forms are not accepted. The Commissioner can investigate on a complaint or on the Commissioner's own initiative, and can pursue administrative proceedings or refer the matter to the Attorney General. Separately, you can bring your own private civil action within the 3-year window described above.

Related Virginia Employment Resources

• Virginia At-Will Employment Laws
• Virginia Whistleblower Laws
• Virginia Statute of Limitations
• Virginia Debt Collection Laws
• How to Stop Wage Garnishment
• Virginia Unclaimed Property
• Virginia Bankruptcy Laws
• Final Paycheck Laws by State
• PTO Payout Laws by State

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Last updated: 2026-08-12.

More Virginia Laws

• Virginia At-Will Employment Laws
• Virginia Debt Collection Laws
• Virginia Statute of Limitations
• Virginia Whistleblower Laws

Frequently Asked Questions

How long does an employer have to give you your last paycheck in Virginia?

There's no acceleration. Your final wages are due on the same regular payday you'd have received had you kept working, for both a firing and a quit, under Va. Code § 40.1-29.

What changed under Virginia's HB 238?

Effective July 1, 2026, an employer can no longer claim the good-faith defense to a wage-payment violation unless it cures the violation within 14 days of being notified by paying the wages unlawfully withheld.

Is unpaid wages a crime in Virginia?

Only when the employer acted willfully or with intent to defraud, and § 40.1-29(F) excepts a failure to pay that was because of a bona fide dispute between the employer and the employee. Where the exception does not apply, withholding under $10,000 is a Class 1 misdemeanor and $10,000 or more is a Class 6 felony, as is any second or subsequent conviction regardless of amount. Your own remedy as an employee is the separate civil action.

Does Virginia require employers to pay out unused vacation?

No. No Virginia statute requires vacation accrual or payout, so your employer's own policy or contract decides whether anything is owed at separation. The statutory wages definition is inclusive rather than a closed list, so vacation the employer has actually promised can count as remuneration it owes.

How do I file a wage claim in Virginia?

Through the Virginia Department of Labor and Industry's Payment of Wage Unit, via its self-service portal or a signed paper form by mail. A private civil action is also available within 3 years of the violation.