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| Final Wages |
Requirements for Meeting Final Wages:
The following table outlines the time frame requirements for meeting final wages
as established by §21-5-4 of the West Virginia Code.
The seventy-two ﴾72﴿ hour
requirement does not exclude holidays,weekends,etc.
| Reason for Separation of Employment |
Time Frame |
| Discharged /Fired |
72 hours from the time of
discharge |
Quit /Resigned without notice |
Next regular payday |
Quit /Resigned with a full pay periods notice |
Last day of work |
Lay-off due to economic conditions |
Next regular payday |
The payment of final wages includes any fringe benefits that are capable of
calculation at the time of separation of employment.The decision concerning
whether or not certain fringe benefits must be included in final wages is based on
written company policy and is decided on a case by case basis.
Definitions:
-
WAGES: Compensation for labor or services rendered by an employee,whether
the amount is determined on a time,task,piece,commission or other basis of
calculation. The term wages also includes then accrued fringe benefits capable of
calculation and payable directly to the employee.
-
DISCHARGE: An involuntary termination OR the cessation of performance of work
by employee due to employer action.
-
LAYOFF: The involuntary cessation of employment for a reason not relating to the
quality of the employee ’s performance or other employee-related reason.
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