New Hampshire Final Paycheck Demand Letter
In New Hampshire your final wages are due within 72 hours if you were fired, and by the next payday if you quit. A willful late payment can add liquidated damages of 10 percent per day. Attorney review available.
Introduction
If a New Hampshire employer fires you, the clock is short: your wages must be paid in full within 72 hours (RSA 275:44 I). Miss that deadline willfully and the cost climbs fast, because the state adds liquidated damages of 10 percent of the unpaid wages for every day payment is late, up to a ceiling equal to the wages themselves (RSA 275:44 IV). A final paycheck demand letter is the tool a departed New Hampshire worker uses to invoke that fast deadline and the mounting daily penalty, on the way to the New Hampshire Department of Labor or a court if it comes to that. The 72-hour rule applies to a discharge; if you quit, the wages are due by the next regular payday instead, except that giving at least one pay period of notice pulls the deadline back to 72 hours after your last day (RSA 275:44 II). New Hampshire also counts vacation pay, along with holiday, sick, and severance pay, as wages whenever the employer's policy or practice provides for them (RSA 275:43 V), so a promised vacation payout belongs in the total. Once the deadline for your situation passes without full payment, a written demand that reserves the 10-percent-per-day damages puts the employer on notice. DocDraft turns your details into a ready New Hampshire demand letter, with optional attorney review before you send it.
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Key Things to Know
- 1
A final paycheck demand letter is a written request a departed New Hampshire employee delivers to a former employer for unpaid final wages, stating the amount, the missed deadline, and a date to pay before a wage claim or lawsuit.
- 2
A fired New Hampshire employee must be paid in full within 72 hours of discharge, one of the shortest final-pay deadlines in the country (RSA 275:44 I).
- 3
If you quit, wages are due by the next regular payday, but giving at least one full pay period of notice moves the deadline to 72 hours after your last day (RSA 275:44 II).
- 4
A willful, unexcused failure to pay adds liquidated damages of 10 percent of the unpaid wages for each late day, capped at the amount of the unpaid wages, so the penalty can eventually match the sum owed (RSA 275:44 IV).
- 5
New Hampshire treats vacation, holiday, sick, and severance pay as wages when the employer's practice or policy provides for them, so a promised vacation payout is part of your final wages (RSA 275:43 V).
- 6
No part of your wages may be withheld or diverted unless a state or federal law requires or permits it, or you gave written authorization for a lawful purpose (RSA 275:48 I).
- 7
Unresolved claims go to the New Hampshire Department of Labor, which investigates and may hold a hearing, and a wage claim must be filed within 36 months of the date the wages were due.
Key decisions before you file
Before you file a Final Paycheck Demand Letter in New Hampshire, a few decisions shape the document: which option to choose and what each one means. The Final Paycheck Demand Letter guide walks through them.
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New Hampshire Requirements for Final Paycheck Demand Letter
Final Pay Is Due Within 72 Hours If You Were Fired
If a New Hampshire employer discharges an employee, the employer must pay all wages in full within 72 hours (RSA 275:44 I). Your demand letter should state that this deadline has passed.
Final Pay If You Quit: Next Payday, or 72 Hours With Notice
If a New Hampshire employee quits or resigns, the wages are due no later than the next regular payday, except that if the employee gave at least one pay period of notice the employer must pay within 72 hours of the last day of work (RSA 275:44 II). State your last day, any notice you gave, and the resulting due date.
Liquidated Damages of 10 Percent Per Day
If a New Hampshire employer willfully and without good cause fails to pay wages as required, it is liable for liquidated damages of 10 percent of the unpaid wages for each day the payment is late, up to a maximum equal to the amount of the unpaid wages (RSA 275:44 IV). Reserve this penalty in your letter.
Vacation Pay Is Wages When Your Policy Provides It
New Hampshire treats vacation pay, and benefits like holiday, sick, and severance pay, as wages when they are a matter of the employer's employment practice or policy (RSA 275:43 V). If your employer has a policy or practice of paying out accrued vacation, that payout is part of your final wages. List any unpaid accrued vacation with your earned wages.
Limits on Deductions From a Final Paycheck
A New Hampshire employer may not withhold or divert any portion of an employee's wages unless the deduction is required or permitted by state or federal law or the employee gave written authorization for a lawful purpose (RSA 275:48 I). An employer generally cannot take unilateral deductions from final pay for claimed losses without a legal basis or your written authorization. Dispute any improper deduction.
Where to File a Wage Claim in New Hampshire
If the demand is ignored, a New Hampshire worker can file a wage claim with the New Hampshire Department of Labor, which has a formal process for investigating unpaid-wage claims that may include a hearing. Keep your records for the claim.
Send With Proof of Delivery
Send the demand to the employer 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 wage claim or lawsuit.
Deadline to File for Unpaid Wages
In New Hampshire a wage claim must be filed within 36 months, which is three years, from the date the wages were due (New Hampshire Department of Labor). Filing promptly is the practical course.