Final paycheck laws in New Hampshire – 72 Hours if Employee Notice

August 17, 2015

 

Final Paycheck laws in New Hampshire?

What are the final paycheck laws in New Hampshire?  When do they apply?  How?

The law applies to both private and public employers.  Rockingham County recently learned that it means that New Hampshire state law, RSA 275:44, II provides that all employees that provide at least one pay period notice of their departure are entitled, by law, to be paid within 72 hours of leaving their jobs.

In the case of Whitehouse v. Rockingham County, the employee, Mr. Whitehouse, worked as a Sergeant at the county jail for 23 years and announced his retirement.  He provided six (6) weeks notice of his intention to retire.  He also provided at least eight county officials of their obligation to pay wages when due according to State law.  Despite this notice and this timeframe, the County paid him within the next pay cycle, following his termination date, and not within the 72 hours that the New Hampshire employment law required.

The New Hampshire Department of Labor determined that the County was aware of the law, the termination date, had the financial ability to pay, and did not.  It ordered the County to pay fines, unpaid wages, and penalties totaling $14,690.

The lesson: Know beforehand when the final paycheck is due — or it could cost more than necessary.  If an employer terminates employment, payment is generally owed within 72 hours.  If an employee quits or resigns, it’s within the same pay cycle — unless the employee provides advance notice (one pay cycle) of the separation in which case it’s 72 hours. If you feel a violation has occurred, it may be time to call a qualified employment attorney.

Source: Portsmouth Herald, May 31, 2015; RSA 275:44

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