How can I get a final paycheck my Delaware employer is withholding?
Under Delaware law employers generally must pay wages owed when employment ends. If wages are not paid as required, the law allows employees to seek the unpaid wages and penalties. The state also gives the Department of Labor power to investigate wage theft and may impose civil penalties on employers found to have violated the rules.
People in this situation commonly send a demand letter and may file a wage claim with the state. If the employer lacks reasonable grounds to dispute the wages, the statute provides for liquidated damages and other remedies that may be awarded after process has run its course.
Current Delaware law
Every answer cites the statute
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The deadline that matters
Wages are due on the later of the next regular pay date or three business days after the last day worked, per 19 Del. C. § 1103.
What Delaware law says
When an employee leaves or is separated from the payroll, wages become due on the later of the employer’s next regular pay date or three business days after the last day worked under 19 Del. C. § 1103. If an employer, without reasonable grounds for dispute, fails to pay wages required by the chapter, the employer may be liable for liquidated damages equal to the lesser of 10 percent of the unpaid wages for each day (except Sundays and legal holidays) the failure continues or an amount equal to the unpaid wages, subject to the statute’s terms, under 19 Del. C. § 1103. The Department may investigate alleged wage theft and impose civil penalties after an initial determination under 19 Del. C. § 1102A. In disputes over amounts conceded to be due, an employer must pay what it admits is owed without condition, leaving other remedies for any balance claimed, under 19 Del. C. § 1104. A surviving statutory cause of action is recognized against an estate when applicable under 10 Del. C. § 3707.
What to do
A common first step is to send a written demand letter to the employer asking for the unpaid wages and referencing the pay schedule requirement under state law.
A common option is to file a wage claim or complaint with the Delaware Department of Labor for investigation under the wage theft provisions in 19 Del. C. § 1102A.
A common next step is to document communications, pay stubs, and the last day worked to support any administrative claim or court filing.
A common approach is to pursue administrative remedies first, and consider other remedies available under the Wage Payment and Collection Act, which may include liquidated damages if the employer has no reasonable grounds to dispute the pay.
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Common questions
When must my final wages be paid?
Wages become due on the later of your employer’s next regular pay date or three business days after your last day worked, under 19 Del. C. § 1103.
Can my employer be penalized for not paying final wages?
If the employer lacks reasonable grounds to dispute the wages, the statute allows for liquidated damages, calculated as either 10 percent per day (except Sundays and legal holidays) up to a cap or an amount equal to the unpaid wages, per 19 Del. C. § 1103.
What can the Department of Labor do about wage theft?
The Department may investigate alleged violations described in 19 Del. C. § 1102A and may impose civil penalties after making an initial determination.
Does an employer have to pay any wages it admits are owed while a dispute continues?
Yes, amounts the employer concedes are due must be paid without condition and within the time set by the chapter, under 19 Del. C. § 1104.
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This page provides legal information about Delaware law and not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
