Vermont Final Paycheck Demand Letter
In Vermont your final wages are due within 72 hours if you were discharged and on the last regular pay day if you quit. An employer that violates the rule can owe twice the value plus attorney fees. Attorney review available.
Introduction
A final paycheck demand letter is a written demand a departed Vermont employee sends a former employer to collect final wages that were not paid by the state deadline, before filing a wage claim with the Vermont Department of Labor or in court. In Vermont the timing depends on how the job ended. An employee who is discharged must be paid final wages within 72 hours of the discharge (21 V.S.A. Section 342(c)(2)). An employee who voluntarily leaves must be paid on the last regular pay day, or, if there is no regular pay day, on the following Friday (21 V.S.A. Section 342(c)(1)). Vermont backs this with a penalty: an employer that violates the final-pay rule forfeits to the injured worker twice the value of the unpaid wages, plus costs and reasonable attorney's fees, in a civil action, though the action can be maintained only while the wages remain unpaid (21 V.S.A. Section 347). Vermont does not require accrued unused vacation to be paid out; that depends on the employer's policy or agreement. If the demand is ignored, the employee can file a wage claim with the Vermont Department of Labor. DocDraft builds your Vermont final paycheck demand letter from your facts, with attorney review available before you send it.
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Key Things to Know
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A final paycheck demand letter is a written demand a departed Vermont employee sends a former employer to collect unpaid final wages, before filing a wage claim with the state labor agency or suing.
- 2
An employee who is discharged in Vermont must be paid final wages within 72 hours of the discharge (21 V.S.A. Section 342(c)(2)).
- 3
An employee who voluntarily leaves must be paid on the last regular pay day, or, if there is no regular pay day, on the following Friday (21 V.S.A. Section 342(c)(1)).
- 4
An employer that violates the final-pay rule forfeits to the injured worker twice the value of the unpaid wages, plus costs and reasonable attorney's fees, in a civil action (21 V.S.A. Section 347).
- 5
The double-value action can be maintained only if the wages remain unpaid or improperly paid at the time the action is brought (21 V.S.A. Section 347).
- 6
Vermont does not require an employer to pay out accrued unused vacation on separation; whether it is paid depends on the employer's policy or agreement.
- 7
If the demand is ignored, a Vermont employee can file a wage claim with the Vermont Department of Labor, Wage and Hour program, which investigates unpaid-wage complaints.
Key decisions before you file
Before you file a Final Paycheck Demand Letter in Vermont, 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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Vermont Requirements for Final Paycheck Demand Letter
Final Pay Is Due Within 72 Hours If You Were Discharged
An employee who is discharged in Vermont must be paid final wages within 72 hours of the discharge (21 V.S.A. Section 342(c)(2)). Your demand letter should state that this deadline has passed.
Final Pay If You Quit: Last Regular Pay Day
An employee who voluntarily leaves must be paid on the last regular pay day, or, if there is no regular pay day, on the following Friday (21 V.S.A. Section 342(c)(1)). State your last day and the resulting due date.
Penalty: Twice the Value Plus Attorney Fees
An employer that violates the Vermont final-pay rule forfeits to the injured worker twice the value of the unpaid wages, plus all costs and reasonable attorney's fees, in a civil action (21 V.S.A. Section 347). The action can be maintained only while the wages remain unpaid. Reserve this remedy in your letter.
Accrued Vacation Payout Follows Employer Policy
Vermont requires timely payment of earned wages, but it does not compel an employer to pay out accrued unused vacation on separation. Whether unused vacation is paid depends on the employer's written policy or the employment agreement (21 V.S.A. Section 342). List any vacation your policy pays out.
Final Wages Are Due in Full; Dispute Improper Deductions
Vermont requires that final wages be paid in full by the statutory deadline (21 V.S.A. Section 342). A deduction you did not authorize can be challenged, and the unpaid amount pursued as a wage claim with the Vermont Department of Labor. Note any disputed deduction in your letter.
Where to File a Wage Claim in Vermont
If the demand is ignored, a Vermont worker can file a wage claim with the Wage and Hour program of the Vermont Department of Labor, which investigates unpaid-wage complaints, or bring a civil action under 21 V.S.A. Section 347. 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 wage claim or lawsuit.
Act While the Wages Remain Unpaid
Vermont's final-pay statute sets no fixed number of days, but under 21 V.S.A. Section 347 a civil action for twice the value can be maintained only while the wages remain unpaid or improperly paid at the time it is brought. Filing your demand and any action promptly is the practical course.