Last verified: September 2026
Quick answer: In Texas, an employee who is fired or laid off must receive final wages within 6 calendar days of discharge. An employee who quits must be paid by the next regular payday. These rules come from the Texas Payday Law, enforced by the Texas Workforce Commission (TWC).
The deadlines: fired vs. quit
- Involuntary termination (fired or laid off): final wages due within 6 calendar days after the date of discharge — calendar days, not business days.
- Voluntary quit: final wages due on the next regular payday following the separation.
- The 6-day rule is strict: “we’ll catch it on the next payroll run” only works if your next run falls within 6 days.
What must be in the final paycheck
- All wages through the last day worked, including overtime.
- Vacation and PTO: Texas does not require payout by default — but if your written policy, handbook, or agreement promises it, the TWC treats that promise as enforceable wages.
- Commissions and bonuses: payable if earned and calculable under the terms of the agreement.
- Deductions: only with written authorization from the employee.
Penalties for late payment
An employee can file a wage claim with the Texas Workforce Commission, which investigates and can order payment of back wages. Employers who violate the Payday Law also face potential administrative penalties, and willful violations can carry additional sanctions. The practical cost — a TWC investigation into your payroll practices — is usually worse than the check itself.
Compliance checklist for Texas employers
- Calendar the 6-day deadline the moment anyone is involuntarily terminated — set a reminder that day.
- Check your handbook for vacation/PTO payout promises before cutting the check; your policy is binding.
- Include all earned commissions that are calculable at separation.
- Get written authorization for any deductions from final pay.
- Keep records of the payment date and amount for at least 3 years.
Texas vs. federal law
The FLSA sets no final-pay deadline, so the Texas Payday Law’s 6-day rule for discharges is the entire ballgame. Note the asymmetry: Texas is stricter than most states for fired employees (6 days vs. next payday) but ordinary for quits.
FAQ
Do weekends count in the 6 calendar days?
Yes — calendar days include weekends and holidays. A Friday termination means the check is due by the following Thursday.
Does Texas require payout of unused vacation?
Only if your policy or agreement promises it. Without a written promise, Texas does not require vacation payout.
Can I mail the final paycheck?
Yes, but allow mailing time within the deadline — the TWC measures by when wages are paid, so hand delivery or direct deposit is safer for the 6-day window.
What if the employee owes the company money?
You generally need written authorization to deduct from wages, including final pay. Unilateral deductions for alleged debts invite a wage claim.
Related guides
- Final Paycheck Laws by State — all 50 states
- How to Terminate an Employee
- At-Will Employment Explained
This page provides general information about Texas final paycheck law, not legal advice. Verify deadlines with the Texas Workforce Commission or an employment attorney for your situation.