Often times, when an employer discharges an employee they will notify the employee of the discharge, and send the employee’s last check in accordance with the employer’s accounting or payroll timetables. In each of these instances, the employer told the employee of the discharge, and told the employees that their final check would be in the mail.
On the surface, this scenario would appear to be a violation. An employer who initiates the discharge is required to pay all wages due at the time of termination. Thus, this would include all regular pay, overtime, and vacation time that was not used. This does not include sick pay. Failure to pay at the time of termination could potentially result in the assessment of penalties for the employee’s daily wage, up to thirty days.