Legally, no, a business may not withhold a final check. However,
in order to avoid disputes or disruptions in pay, workers are advised
to turn in keys, uniforms, tools, and equipment promptly upon termination.
The first thing the worker should do is ask the business why the
paycheck hasn't been paid. If the business refuses to release the
check, the worker may choose one of the following three options:
Obtain the services of a private attorney.
File a claim in small claims court (for up to $4,000).
File a wage complaint with L&I.
The wage complaint form is available at any of L&I's 20 statewide
offices, or it can be downloaded here: Worker
Rights Complaint (F700-027-000) form.
Read the information provided with the form, fill it out and return
it to L&I. Get more information about Filing
a Workplace Rights Complaint with L&I here.
L&I cannot assess penalties for failure to pay final wages to the worker. However,
if you have to take legal action to get your wages, you may file in
civil court for double damages.
Paid vacation, holiday, and sick leave and severance pay are considered
voluntary benefits that a business may choose to offer workers. Washington
State law does not require a business to provide these benefits. Even
though there is no state law requiring a business to pay these benefits
upon termination, if the business promises workers these benefits
and does not follow through, workers can contact an attorney or file
in small claims court for their unpaid benefits.