When do I get my final paycheck in Arizona?

What the law says

If you were fired. Section 23-353(A) of the Arizona Revised Statutes says that when an employee is discharged,

“he shall be paid wages due him within seven working days or the end of the next regular pay period, whichever is sooner.”

So there are two deadlines, and the earlier one wins: 7 working days after you were let go, or the end of the next regular pay period, under section 23-353(A) of the Arizona Revised Statutes. Working days are counted, not calendar days, so weekends do not use up the 7 days.

If you quit. Under section 23-353(B) of the Arizona Revised Statutes, you must be paid all wages due no later than the regular payday for the pay period in which you left. If you ask, the employer must mail the pay to you.

How you must be paid. Under section 23-353(C) of the Arizona Revised Statutes, final wages must be paid in United States money, by a check or similar order that can be cashed at once, or by deposit into a bank account of your choice. This rule covers the state and local governments too.

Who is covered. Under section 23-350 of the Arizona Revised Statutes, an employee is anyone working under a contract of employment made in Arizona, or to be performed wholly or partly in Arizona. Employers include businesses of every kind, and also the state, counties, cities and school districts.

What counts as wages. Under section 23-350 of the Arizona Revised Statutes, wages are nondiscretionary pay for work you did and reasonably expected to be paid for. That includes pay worked out by time, task, piece or commission.

What changes the answer

When an employer may hold pay back. Under section 23-352 of the Arizona Revised Statutes, an employer may not withhold any part of your wages unless state or federal law requires it, you agreed in writing beforehand, or there is a reasonable good-faith dispute about how much is owed.

A written agreement can be revoked. Under section 23-352 of the Arizona Revised Statutes, once you revoke a written authorization in writing, the employer must stop withholding by the date you set. The exceptions are a debt you owe the employer and a court order.

Triple damages. Under section 23-355 of the Arizona Revised Statutes, if an employer fails to pay wages due in breach of the law, you can sue to recover

“an amount that is treble the amount of the unpaid wages.”

That means up to 3 times what you were owed, in a court case under section 23-355 of the Arizona Revised Statutes.

A claim with the state instead. Under section 23-356 of the Arizona Revised Statutes, instead of suing, you can file a written wage claim with the labor department of the Industrial Commission of Arizona. The unpaid wages must be no more than $12,000, and you must file within 1 year of when the claim arose.

Collecting what is found. Under section 23-356(B) of the Arizona Revised Statutes, once the department makes a final decision, it or you can use garnishment and other legal ways to collect. The department can also receive the payment for you.

If your employer disputes the amount. Under section 23-352 of the Arizona Revised Statutes, a reasonable good-faith dispute about the amount of wages due is one of the three grounds for withholding. It includes a dispute over a counterclaim, or over a claim that you owe the employer a debt or a repayment. The section does not say how much of the pay such a dispute covers.

A petty offense. Under section 23-353(D) of the Arizona Revised Statutes, breaking the final-pay rule is a petty offense. Under section 13-802 of the Arizona Revised Statutes, the fine for a petty offense is up to $300.