An employee resigned: what to do next
The short answer
When an employee resigns, ask for the resignation in writing if you only heard it verbally, reply in writing to confirm the last day, decide whether they work the notice period, check your state's final-pay and PTO payout rules, plan the handover, collect property and close access on the last day, and pay the final paycheck on time.
General information, not legal advice. This page is for general information only and isn’t legal, financial or tax advice. Laws vary by state and change; check the official source or talk to a qualified professional about your situation. Every rule on this page links to its official source.
What to do in the first hour after someone resigns, how to reply in writing, how to handle notice and counteroffers, and your state's final-pay rule with its official source.
Pick the right document
Resignation acceptance letterConfirm the last day and final pay in writingStep 3Exit interview formRecord the answers on a formStep 8Employee offboarding checklistProperty, access and final pay on the last dayStep 9
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What to say in the meeting
The first conversation after a resignation sets the tone for the notice period. Thank them, confirm the facts, and leave decisions you have not made yet for later.
Acknowledge“Thank you for telling me directly. I appreciate the notice.”
Confirm the date“Your letter says your last day is [date]. Is that still the plan?”
Next steps“I will confirm the last day in writing today, with your final pay date and what to return.”
Handover“Can we list your open work together this week, so we can plan who picks up each part?”
Close“We are sorry to see you go, and thank you for the work you have done here.”
Leave out
- Asking them to reconsider when you have no real offer to make
- Criticising the new employer or the decision
- Promising a reference or rehire you have not decided on
- Telling the team before you and the employee have agreed what to say
- Anything about age, pregnancy, disability, religion or other protected characteristics as a reason for the departure
5 common mistakes
- No written record of the resignation. A verbal resignation with no email or letter can later be described as a termination. Ask for it in writing and reply in writing.
- Ending the job early without checking the rules. If you tell the employee to leave before the date they gave, the final-pay deadline may change. The U.S. Department of Labor's last paycheck page notes that federal law does not require immediate final payment but some states may. Check your state before you decide.
- Forgetting unused vacation or PTO. Whether accrued vacation is paid out at the end depends on the state and on your written policy. Pick your state on this page to see what we have verified, with the source.
- A counteroffer made on the spot. Offers made in the moment are hard to honour and hard to take back. Decide the offer and its limits before the conversation, or do not make one.
- Access left open after the last day. Accounts, shared passwords and door codes that stay active after someone leaves are a risk for everyone. Put them on the offboarding checklist.
Rules that matter in your state
Final paycheck after a resignationChoose your stateRules with official sources
Choose your state above to see the rule we have verified, or check it with your state labor office.
Payout of unused vacation or PTOChoose your stateRules with official sources
Choose your state above to see the rule we have verified, or check it with your state labor office.
- Final paycheck after a resignation. When wages are due after an employee quits, which can differ from the rule after a termination.
- Payout of unused vacation or PTO. Whether accrued vacation has to be paid out when the employee leaves.
Verified so far, by state
Each rule below was checked against official sources. States not listed have not been verified yet for these topics; check them with the state labor office.
| State | Rule and law | Verified |
|---|---|---|
| Alaska | Final paycheck after a resignation: If the employee quits, final wages are due at the next regular payday that is at least three days after the employer received notice of the employee's termination of services. (Alaska Stat. § 23.05.140(b)) | Sep 24, 2026 · 2 official sources |
| Alaska | Payout of unused vacation or PTO: Alaska law does not require vacation pay by itself: an employer only has to pay vacation pay if it has a policy to pay it, or has made a promise or a contract with the employee to pay it. The Department enforces the employer's own rules for these payments. (Alaska Dept. of Labor, Wage and Hour FAQ) | Sep 24, 2026 · 2 official pages from the same agency |
| California | Final paycheck after a resignation: With 72 hours notice: An employee without a written contract for a definite period who gives at least 72 hours notice of quitting must be paid all wages at the time of quitting. Without 72 hours notice: An employee without a written contract for a definite period who quits without giving 72 hours notice must be paid all wages within 72 hours of quitting. (California Labor Code § 202(a)) | Sep 24, 2026 · 2 official sources |
| California | Payout of unused vacation or PTO: In California earned vacation is wages. When employment ends for any reason, all earned and unused vacation must be paid at the final rate of pay (unless a collective bargaining agreement provides otherwise), and a policy cannot make vested vacation forfeit at termination. (Cal. Labor Code § 227.3) | Sep 24, 2026 · 2 official sources |
| Colorado | Payout of unused vacation or PTO: In Colorado, earned vacation pay counts as wages. If an employer provides paid vacation, it must pay all earned vacation at separation. Policies may cap accrual, but they may not forfeit any earned (accrued) vacation pay. (C.R.S. § 8-4-101(14)(a)(III), as quoted in Wage Protection Rules 7 CCR 1103-7, Rule 2.17 (effective February 1, 2026)) | Sep 24, 2026 · 2 official pages from the same agency |
| Connecticut | Final paycheck after a resignation: When an employee quits (or is laid off), wages must be paid in full no later than the next regular payday, through regular payment channels or by mail. (Conn. Gen. Stat. § 31-71c(a) (CT DOL wage payment laws compilation)) | Sep 24, 2026 · 2 official pages from the same agency |
| Connecticut | Payout of unused vacation or PTO: If an employer policy or collective bargaining agreement provides for paying accrued fringe benefits (including paid vacation) at termination, a terminated employee must be paid them as wages in accordance with that policy or agreement. (Conn. Gen. Stat. § 31-76k (CT DOL Wage Payment Laws summary)) | Sep 24, 2026 · 2 official pages from the same agency |
| Delaware | Final paycheck after a resignation: Whether the employee quits, resigns, is discharged, suspended or laid off, wages are due on the later of the next regular payday for the period through the last day worked, or three business days after the last day worked. Payment goes through the usual pay channels, or by mail if the employee asks. (19 Del. C. § 1103(a)(1)) | Sep 24, 2026 · 2 official sources |
| Delaware | Payout of unused vacation or PTO: Delaware treats vacation pay as a 'benefit or wage supplement', not as wages. An employer that is party to an agreement to provide vacation pay must pay it under that agreement (see notes for the deadline). A vacation pay claim to the Department of Labor must include a copy of the employer's policy. (19 Del. C. § 1109) | Sep 24, 2026 · 2 official sources |
| District of Columbia | Final paycheck after a resignation: An employee who quits or resigns must be paid by the next regular payday or within 7 days of quitting, whichever is earlier. (D.C. Code § 32-1303(2)) | Sep 24, 2026 · 2 official sources |
| Hawaii | Final paycheck after a resignation: If the employee gives at least one pay period's notice of intention to quit, all wages earned must be paid at the time of quitting (the last day of employment). (Haw. Rev. Stat. § 388-3(b) (as stated by the Wage Standards Division)) | Sep 24, 2026 · 2 official pages from the same agency |
| Illinois | Final paycheck after a resignation: An employee who quits must be paid final compensation in full at separation if possible, and no later than the next regularly scheduled payday. (Illinois Wage Payment and Collection Act, 820 ILCS 115/5 (Illinois Department of Labor FAQ)) | Sep 24, 2026 · 2 official pages from the same agency |
| Illinois | Payout of unused vacation or PTO: In Illinois, an employer that provides vacation under an employment contract or policy must pay the monetary equivalent of all earned, unused vacation to an employee who resigns or is fired. A policy cannot forfeit earned vacation at separation. Vacation pay is part of final compensation, which is due by the next regularly scheduled payday. (Illinois Dept. of Labor, Vacation FAQ (820 ILCS 115/5; 56 Ill. Adm. Code 300.520)) | Sep 24, 2026 · 2 official pages from the same agency |
| Iowa | Final paycheck after a resignation: When employment ends for any reason, all wages earned must be paid no later than the next regular payday. (Iowa Code § 91A.4) | Sep 24, 2026 · 2 official sources |
| Iowa | Payout of unused vacation or PTO: Iowa law does not require vacation pay. An employee is paid for accrued, unused vacation when employment ends only if the employer has a contract, policy or procedure to pay vacation to departing employees. (Iowa Division of Labor (DIAL), Wages page) | Sep 24, 2026 · 2 official pages from the same agency |
| Kansas | Final paycheck after a resignation: When an employee quits or resigns, earned wages must be paid no later than the next regular payday on which the employee would have been paid if still employed, through regular pay channels or by mail if the employee requests it. (K.S.A. 44-315(a)) | Sep 24, 2026 · 2 official sources |
| Kentucky | Final paycheck after a resignation: An employee who quits must be paid in full all wages earned no later than the next normal pay period after leaving or 14 days after it, whichever is later. (KRS 337.055) | Sep 24, 2026 · 2 official sources |
| Kentucky | Payout of unused vacation or PTO: In Kentucky, vested vacation pay is part of "wages" under the state wage statute, and an employee who leaves or is discharged must be paid in full all wages earned. Whether vacation is vested depends on the employer's agreement or established policy. (KRS 337.010(1)(c)1.) | Sep 24, 2026 · 2 official pages from the same agency |
| Maine | Final paycheck after a resignation: An employee who quits must be paid in full no later than the employee's next established (regularly scheduled) payday. (26 M.R.S. § 626) | Sep 24, 2026 · 2 official sources |
| Maine | Payout of unused vacation or PTO: In Maine, when the terms of employment or the employer's established practice include paid vacation, vacation pay at cessation of employment has the same status as wages earned. All unused paid vacation accrued under the employer's policy on and after January 1, 2023 must be paid at cessation of employment. Exceptions: employers with 10 or fewer employees and public employers; a collective bargaining agreement that addresses vacation payout supersedes the rule. (26 M.R.S. § 626) | Sep 24, 2026 · 2 official sources |
| Maryland | Final paycheck after a resignation: When employment ends, whether because the employee quits, the employer must pay all wages due for work performed before termination on or before the day the employee would have been paid had the employment not ended. (Md. Code, Labor and Employment § 3-505(a)) | Sep 24, 2026 · 2 official sources |
| Maryland | Payout of unused vacation or PTO: Accrued vacation must be paid at termination unless the employer has a written policy limiting payout of accrued leave, notified the employee of its leave benefits at hiring, and the employee is not entitled to payment under that written policy. (Md. Code, Lab. & Empl. § 3-505(b)) | Sep 24, 2026 · 2 official sources |
| Michigan | Final paycheck after a resignation: An employee who quits must be paid all wages due on the regularly scheduled payday for the period in which the termination occurs (hand harvesters of crops follow a separate rule). (Mich. Admin. Code R 408.9007(1)) | Sep 24, 2026 · 2 official sources |
| Minnesota | Final paycheck after a resignation: When an employee quits, wages are due by the first regularly scheduled payday after the final day of employment; if that payday is less than five calendar days away, payment may be delayed to the second regularly scheduled payday, but no later than 20 calendar days after the final day. (Minn. Stat. § 181.14(a)) | Sep 24, 2026 · 2 official sources |
| Minnesota | Payout of unused vacation or PTO: In Minnesota, company policy determines when benefits such as vacation are due, including at separation. Once due under the policy or agreement, benefits must be paid within 30 days. (Minnesota Dept. of Labor and Industry, Employment termination (Minn. Stat. 181.74)) | Sep 24, 2026 · 2 official sources |
| Montana | Final paycheck after a resignation: When an employee quits, unpaid wages are due on the next regular payday for the pay period of separation or within 15 days, whichever comes first. (Mont. Code Ann. § 39-3-205(1)) | Sep 24, 2026 · 2 official sources |
| Montana | Payout of unused vacation or PTO: Montana does not require private employers to provide vacation, but once vacation is earned under the employer's policy it is wages and is due and payable like regular wages, including at termination. The Department of Labor & Industry says 'use it or lose it' policies are not permitted in Montana, although caps on accumulation are allowed. PTO payout depends on the employer's policy. (Montana Dept. of Labor & Industry, Wage and Hour FAQ (citing Attorney General Opinion 56, Volume 23)) | Sep 24, 2026 · 2 official sources |
| New Jersey | Final paycheck after a resignation: Whether the employee quits, the employer must pay all wages due no later than the regular payday for the pay period in which the employment ended. (N.J.S.A. 34:11-4.3) | Sep 24, 2026 · 2 official pages from the same agency |
| New Jersey | Payout of unused vacation or PTO: New Jersey state law does not require vacation or other fringe benefits. If an employer chooses to provide them, they must be administered uniformly according to its established policy or employment agreement, so payout of unused vacation at separation depends on that policy or agreement. (NJ Dept. of Labor and Workforce Development, Wage and Hour Employer FAQs) | Sep 24, 2026 · 2 official pages from the same agency |
| New York | Final paycheck after a resignation: When an employee resigns, the final wages are due no later than the regular payday on which they would have been paid; on request the employer must mail them. (New York State Department of Labor, Wages and Hours Frequently Asked Questions) | Sep 24, 2026 · 2 official pages from the same agency |
| New York | Payout of unused vacation or PTO: New York does not require paid vacation. If an employer has a vacation policy, an employee who resigns or is discharged must be paid for earned, accrued vacation unless the employer told employees in writing of a forfeiture policy; forfeiture conditions must be written and explicit. (NY Dept. of Labor, Wages and Hours FAQ (Labor Law 195.5, 198-c)) | Sep 24, 2026 · 2 official sources |
| North Carolina | Final paycheck after a resignation: Whether the employee is fired or quits, all wages due must be paid on or before the next regular payday, through the regular pay channels or by mail if the employee requests it. (NC Department of Labor, Payment of Final Wages to Separated Employees (G.S. 95-25.7)) | Sep 24, 2026 · 2 official pages from the same agency |
| North Carolina | Payout of unused vacation or PTO: North Carolina does not require vacation pay, but an employer that promises vacation (including PTO) must pay what is earned under its policy or practice. Earned vacation cannot be forfeited unless employees were notified in writing of a forfeiture policy; even then, payout at termination depends on the wording of the forfeiture clause and the reason employment ended. (NC Dept. of Labor, Promised Wages Including Wage Benefits (N.C.G.S. 95-25.13)) | Sep 24, 2026 · 2 official pages from the same agency |
| North Dakota | Final paycheck after a resignation: When an employee quits, unpaid wages are due on the next regular payday established in advance by the employer for the periods worked. (N.D. Cent. Code § 34-14-03) | Sep 24, 2026 · 2 official sources |
| North Dakota | Payout of unused vacation or PTO: In North Dakota, once paid time off is made available, unused PTO is generally considered wages at separation. A private employer may withhold it only on a voluntary quit if it gave written notice of the limitation at hiring, the employee worked there less than one year, and the employee gave less than five days' notice; or for PTO awarded but not yet earned, if the employer gave written notice of that limitation before awarding it. (N.D. Dept. of Labor and Human Rights, Wage and Hour FAQ (N.D. Admin. Code § 46-02-07-10; N.D.C.C. § 34-14-09.2)) | Sep 24, 2026 · 2 official sources |
| Oklahoma | Final paycheck after a resignation: Whether the employee is fired or quits, wages must be paid in full (less offsets and amounts in bona fide dispute) by the next regular designated payday for the pay period in which the work was performed. (40 O.S. § 165.3(A), as published by the Oklahoma Department of Labor (Wage Law compilation)) | Sep 24, 2026 · 2 official pages from the same agency |
| Oklahoma | Payout of unused vacation or PTO: Oklahoma has no mandatory benefits law. If the employer has a written policy (like an employee handbook) that promises payout of vacation, that vacation payout is legally considered wages; eligibility depends on the employer's policy. (Oklahoma Dept. of Labor, Protect Your Pay) | Sep 24, 2026 · 2 official pages from the same agency |
| Oregon | Final paycheck after a resignation: With notice: An employee who quits with at least 48 hours’ notice (excluding weekends and holidays) must be paid on the last day of employment; if that day is a weekend or holiday, by the next business day. Without notice: An employee who quits with less than 48 hours’ notice must be paid within five business days or on the next regular payday, whichever comes first. (Oregon BOLI, Paychecks (ORS 652.140)) | Sep 24, 2026 · 2 official pages from the same agency |
| Oregon | Payout of unused vacation or PTO: Oregon law does not require employers to offer vacation pay, but an employer must honor any established policy or agreement on paying accrued vacation at termination. If the worker qualifies under the policy, it must be paid at termination. (Oregon BOLI, Benefits, holiday and vacation pay) | Sep 24, 2026 · 2 official pages from the same agency |
| Pennsylvania | Final paycheck after a resignation: When an employee quits or resigns, earned wages are due no later than the next regular payday. (Pennsylvania Wage Payment and Collection Law, Act of July 14, 1961, P.L. 637, No. 329, Section 5(a) (43 P.S. § 260.5)) | Sep 24, 2026 · 2 official pages from the same agency |
| Pennsylvania | Payout of unused vacation or PTO: No Pennsylvania law requires an employer to provide vacation pay. An employer only has to pay vacation if it has a policy or a contract to pay it, and must follow its own rules. Vacation pay owed under an agreement is a 'fringe benefit or wage supplement' under the Wage Payment and Collection Law. (Pennsylvania Dept. of Labor & Industry, Wage FAQs) | Sep 24, 2026 · 2 official pages from the same agency |
| South Dakota | Final paycheck after a resignation: When an employee without a written fixed-term contract quits, earned wages are due by the next regular payday for those hours, or as soon afterwards as the employee returns all employer property in their possession. (S.D. Codified Laws § 60-11-11) | Sep 24, 2026 · 2 official sources |
| Texas | Final paycheck after a resignation: An employee who leaves employment other than by discharge (quits, resigns, retires) must be paid in full not later than the next regularly scheduled payday. (Texas Labor Code § 61.014(b)) | Sep 24, 2026 · 2 official sources |
| Texas | Payout of unused vacation or PTO: Texas requires a payout of accrued leave only if the employer promised it in a written policy or agreement, and the payout is controlled by the wording of that policy. Vacation pay owed under a written agreement or written policy counts as wages under the Texas Payday Law. With no such policy, no payout is owed. (Texas Workforce Commission, Accrued Leave Payouts) | Sep 24, 2026 · 2 official sources |
| Utah | Final paycheck after a resignation: An employee without a written fixed-term contract who resigns must be paid earned wages by the next regular payday. (Utah Code § 34-28-5(2)) | Sep 24, 2026 · 2 official sources |
| Vermont | Final paycheck after a resignation: An employee who voluntarily leaves must be paid on the last regular payday, or, if there is no regular payday, on the following Friday. (21 V.S.A. § 342(b)(1)) | Sep 24, 2026 · 2 official sources |
| Vermont | Payout of unused vacation or PTO: Vermont does not require employers to provide paid vacation or to pay vacation when an employee leaves. Employers that have a written agreement (including an employee handbook, memorandum or correspondence) providing for vacation time are liable to their employees for that benefit. (Vermont Dept. of Labor, A Summary of Vermont Wage and Hour Laws (2019)) | Sep 24, 2026 · 2 official pages from the same agency |
| Virginia | Payout of unused vacation or PTO: Under Virginia's payment of wage laws, vacation leave and paid time off are 'fringe benefits', not wages, and the Department of Labor and Industry does not enforce them. An employee who believes a fringe benefit is owed may file a civil suit against the employer. (Virginia DOLI, Payment of Wage Claim Form and Instructions (LL-POW-01)) | Sep 24, 2026 · 2 official sources |
| Washington | Final paycheck after a resignation: Whether the employee is fired or quits, wages due must be paid at the end of the established pay period, on or before the next regularly scheduled payday. The employer cannot hold the final paycheck until keys, uniforms or tools are returned. (RCW 49.48.010(2)) | Sep 24, 2026 · 2 official sources |
| Washington | Payout of unused vacation or PTO: Washington does not require employers to pay vacation: vacation time is a voluntary benefit negotiable between employer and employee, and employers can choose to pay it out on the final paycheck. L&I does not accept vacation pay complaints; an employee owed agreed-upon vacation benefits can contact an attorney or file in small claims court. (Washington L&I, Getting Paid) | Sep 24, 2026 · 2 official sources |
| West Virginia | Final paycheck after a resignation: Whether the employee is fired or quits, wages due must be paid on or before the next regular payday on which they would otherwise be due. (W. Va. Code § 21-5-4(b)) | Sep 24, 2026 · 2 official sources |
| West Virginia | Payout of unused vacation or PTO: West Virginia law does not require employers to provide vacation. Fringe benefits include vacation, and accrued fringe benefits that are capable of calculation and payable directly to the employee are wages under the Wage Payment and Collection Act. Whether vacation is owed at separation depends on the terms of the employer's written policy, which the Division of Labor enforces as written. (W. Va. Code § 21-5-1(c)) | Sep 24, 2026 · 2 official sources |
| Wyoming | Final paycheck after a resignation: Whether the employee quits or is discharged, wages due must be paid no later than the employer's next regularly scheduled payday (or a time set by a collective bargaining agreement). (Wyo. Stat. § 27-4-104(a)) | Sep 24, 2026 · 2 official sources |
| Wyoming | Payout of unused vacation or PTO: In Wyoming, wages include fringe benefits, and accrued vacation is paid at termination unless the employer's written policy provides that accrued vacation is forfeited at termination and the employee acknowledged that policy in writing. An employer can deny vacation payout only on that basis. (Wyo. Stat. § 27-4-501(a)(iii)) | Sep 24, 2026 · 2 official sources |
Questions people ask
How do you respond to a resignation letter?
Reply in writing within a day or two. Thank the employee, confirm the last day, say when the final paycheck will be paid, explain what happens to benefits, list the company property to return and name a contact for questions. The resignation acceptance letter on this page has all of that ready to fill in.
Do you have to accept a resignation?
A resignation is the employee's decision, so the letter you send is less an approval than a written confirmation of the last day and the next steps. What you can decide is whether they work the notice period, and whether to make a counteroffer.
Can you make the employee leave before the end of their notice?
Many employers do, often paying the notice period. Check your state's final-pay rule first: some states time the final paycheck from the actual last day, and some treat an early end differently. The Department of Labor says federal law does not require immediate final payment and that some states may.
When is the final paycheck due after an employee quits?
It depends on the state, and some states set a different deadline for a resignation than for a termination. Pick your state on this page to see the rule we have verified, with its official source.
What is the effective date of a resignation?
It is the last day of employment stated in the resignation, or the date you and the employee agree on. Put it in your written reply so there is one date on record.
What should an employee resignation acceptance email say?
Keep it short: thanks, the confirmed last day, the final pay date, who to contact about benefits, and a line about returning property. The email version on the resignation acceptance letter page is ready to copy.
Sources (4)
Checked Sep 24, 2026 · How we verify every rule · Report an error