Your last day was October 17. Payday came and went. Then the next one. Your former manager says “payroll is handling it,” and payroll doesn’t answer emails. You’re owed two weeks of wages plus overtime from your last month, and you’ve got rent due.
Getting paid for work you already did isn’t a favor. It’s the law. A short, firm unpaid wages demand letter is often enough to shake the check loose. If it isn’t, it becomes the first piece of evidence in a wage claim. Here’s how to write one, with three templates.
Quick note: This guide is general information, not legal advice. Final paycheck deadlines are set by state law and vary a lot.
When Is a Final Paycheck Due?
Federal law doesn’t set a deadline for final pay. States do, and the rules differ depending on whether you quit or were let go. A few examples:
- California: immediately if you’re fired. If you quit with at least 72 hours’ notice, on your last day; without notice, within 72 hours.
- Many other states: by the next regular payday.
- Some states have no specific final pay law, in which case the normal payday rules generally apply.
Search “[your state] final paycheck law” and look for your state labor department’s page. Some states also require employers to pay out unused vacation time; others leave it to company policy.
What You Might Be Owed
- regular wages for hours worked
- overtime (under federal law, generally 1.5 times your regular rate for hours over 40 in a workweek, for non-exempt employees)
- commissions you earned
- accrued vacation pay, depending on your state and company policy
- in some states, “waiting time” penalties for paying late
Gather Your Proof
- pay stubs and your last W-2
- your own record of hours worked (a calendar, texts, app screenshots)
- offer letter or pay agreement
- emails or texts about your last day
A Worked Example
Bianca worked as a server and quit with two weeks’ notice. Her last day was October 17. Her employer pays every other Friday, and her state requires final pay by the next regular payday, October 24. By November 5, nothing.
She calculates 62 hours at $15 plus 6 hours of overtime at $22.50: $1,065. She sends an unpaid wages demand letter (Template 1) by email and certified mail with a 7-day deadline. When the deadline passes, she files a wage claim with her state labor department and attaches the letter. The restaurant pays two weeks later.
Template 1: Final Paycheck Not Received
[Your Full Name]
[Address]
[Phone] | [Email][Date]
[Owner or HR Manager Name]
[Company Name]
[Address]Re: Unpaid final wages
Dear [Name],
I worked for [company] as a [job title] from [start date] until [last day]. I have not received my final paycheck.
Under [state] law, my final wages were due by [date]. I am owed:
- [62] regular hours at $[rate]: $[amount]
- [6] overtime hours at $[rate]: $[amount]
- [Accrued vacation, if applicable]: $[amount]
- Total: $[amount]
Please pay this amount by [date, about 7 days away] by [direct deposit / check mailed to the address above].
If I don’t receive payment by that date, I will file a wage claim with the [state labor department] and pursue any penalties allowed by law.
Sincerely,
[Name]
Template 2: Unpaid Overtime
Re: Unpaid overtime wages
Dear [Name],
During [dates], I worked more than 40 hours in the following weeks but was not paid overtime:
- Week of [date]: [hours] hours
- Week of [date]: [hours] hours
My records [time sheets / texts / app screenshots] are enclosed. At my overtime rate of $[rate], I am owed $[amount].
Please pay this amount by [date]. If I don’t receive it, I will file a complaint with the [state labor department / U.S. Department of Labor].
Sincerely,
[Name]
Template 3: Unpaid Commission
Re: Unpaid commissions
Dear [Name],
Under my commission agreement dated [date] (enclosed), I earned commissions on the following sales, which have not been paid:
- [Client / deal], closed [date]: $[amount]
- [Client / deal], closed [date]: $[amount]
Please pay the total of $[amount] by [date], or explain in writing why you believe it is not owed.
Sincerely,
[Name]
If Your Unpaid Wages Demand Letter Doesn’t Work
- File a wage claim with your state labor department. It’s usually free, and you don’t need a lawyer.
- Contact the U.S. Department of Labor’s Wage and Hour Division for federal minimum wage and overtime violations.
- Small claims court is another option for smaller amounts.
- Talk to an employment attorney for larger claims. Many take wage cases without upfront fees.
Retaliating against workers for complaining about unpaid wages is generally illegal.
Frequently Asked Questions
Can my employer hold my paycheck until I return equipment?
In many states, no. Employers generally can’t withhold wages to force the return of property, and deductions are often restricted.
How long do I have to file a wage claim?
Under federal law, generally two years (three for willful violations). State deadlines vary.
What if I was paid in cash?
You’re still entitled to your wages. Your own records of hours, texts, and witnesses can help prove what you worked.
Related Guides
Official Resources
Last reviewed: November 5, 2026 by the PerfectWordNow Editorial Team.
Disclaimer: This article is for general information only and is not legal advice.