Arizona Final Paycheck Demand Letter

Introduction

Key Things to Know

1. 1

   A final paycheck demand letter is a written demand a departed Arizona employee sends a former employer to collect unpaid final wages, before filing a wage claim with the state or suing.

2. 2

   If the employer discharged the employee, wages due are payable within seven working days or the end of the next regular pay period, whichever is sooner (Ariz. Rev. Stat. Section 23-353(A)).

3. 3

   If the employee quit, wages due are payable no later than the regular payday for the pay period during which the termination occurred (Ariz. Rev. Stat. Section 23-353(B)).

4. 4

   If an employer fails to pay wages due, the employee may recover in a civil action treble the amount of the unpaid wages (Ariz. Rev. Stat. Section 23-355).

5. 5

   Arizona has no statute requiring payout of accrued unused vacation on separation; whether unused vacation is paid depends on the employer's policy or the employment contract.

6. 6

   An Arizona employer may not withhold or divert wages unless required or empowered by law or the employee gave prior written authorization (Ariz. Rev. Stat. Section 23-352).

7. 7

   If the demand is ignored, an Arizona employee can file a wage claim with the Labor Department of the Industrial Commission of Arizona, generally within one year after the wages became due.

Arizona Requirements for Final Paycheck Demand Letter

• Final Pay Deadline If You Were Fired

  If an Arizona employer discharges an employee, wages due are payable within seven working days or the end of the next regular pay period, whichever is sooner (Ariz. Rev. Stat. Section 23-353(A)). Your demand letter should state that this deadline has passed.

• Final Pay Deadline If You Quit

  If an Arizona employee quits, wages due are payable no later than the regular payday for the pay period during which the termination occurred (Ariz. Rev. Stat. Section 23-353(B)). State your last day and the resulting due date.

• Treble Damages for Unpaid Wages

  If an Arizona employer fails to pay wages due, the employee may recover in a civil action treble the amount of the unpaid wages (Ariz. Rev. Stat. Section 23-355). Arizona does not use a per-day waiting-time penalty; reserve the treble-damages remedy in your letter.

• Accrued Vacation Depends on Employer Policy

  Arizona has no statute requiring payout of accrued unused vacation on separation. Whether unused vacation is paid depends on the employer's written policy, the employment contract, or an established practice (Ariz. Rev. Stat. ch. 2). List any vacation your employer's policy provides.

• Limits on Deductions From a Final Paycheck

  An Arizona employer may not withhold or divert any portion of your wages unless required or empowered to do so by law or you gave prior written authorization, subject to limited exceptions (Ariz. Rev. Stat. Section 23-352). Dispute any improper deduction in your letter.

• Where to File a Wage Claim in Arizona

  If the demand is ignored, an Arizona worker can file a wage claim with the Labor Department of the Industrial Commission of Arizona, which adjudicates non-payment of wage claims up to the statutory amount. Keep your records for the claim.

• Send With Proof of Delivery

  Send the demand to the employer's address using a trackable method such as certified mail with return receipt, and keep a copy of the letter and the delivery record. Proof that you demanded your final wages supports a later Arizona wage claim or lawsuit.

• Deadline to Claim Unpaid Wages

  A wage claim filed with the Industrial Commission of Arizona generally must be filed within one year after the wages became due. Deadlines turn on the facts and forum, so filing your Arizona demand and claim promptly is the practical course.