Tips

March 25, 2024

9 mins

Run a dismissal payroll

When executing a dismissal payroll, it's crucial to terminate the employee's position before processing. Be aware that once a dismissal occurs, it's irreversible, so confirm your decision to conclude the employee's tenure and exclude them from subsequent payroll calculations.

Dismissal payroll

Dismissals are irreversible decisions that conclude an employee's employment and eliminate them from future payroll considerations. It's important to note that some states mandate the final paycheck to be delivered in person; therefore, to ensure compliance, dismissal payrolls are automatically set to be paid out via check. The option to process a dismissal payroll becomes available once an employee is dismissed and can be executed at any point.

Deductions

Benefits that are managed externally will be automatically applied to the dismissal payroll. For benefits overseen by Niural, the dismissal payroll will automatically incorporate deductions equivalent to one pay period.

Dismissal paycheck requirements by state

When an employee leaves, whether through dismissal or resignation, employers must understand their obligations regarding:

  1. Timely payment to departing employees: Many states mandate that employers issue final paychecks to departing employees within a specific timeframe, which could be as soon as the last day of employment. The deadline may vary based on whether the employee resigned or was terminated.

  1. Payout of unused vacation hours to departing employees (where applicable).

To ensure legal compliance, it's important to note that relying on the company's next regular payroll date to issue the final paycheck may not always meet the required dismissal payment deadlines, potentially leading to legal violations.

Failing to pay departing employees on time can lead to severe consequences, including state-imposed penalties, additional compensation to the employee, and even criminal charges in certain jurisdictions.

For the most current compliance requirements, visit your state's Department of Labor website. If you have further questions about ensuring your termination payment process is compliant, seeking advice from an employment attorney is recommended.

Refer to the provided table to determine if your state has specific deadlines for final paychecks.

State

If the Employee Resigns

If you Terminate the Employee

Alabama

No Statute

No Statute

Alaska

Next scheduled payday that is at least 3 days after the employee gives notice

Within 3 working Days

Arizona

Next scheduled payday

Whichever is first: within 7 working days or next payday

Arkansas

Next scheduled payday

Next scheduled payday, or within 7 working days if the employee demands it. (employer will owe 2x the wages if not paid within 7 days)

California

Within 72 hours or immediately if the employee gave at least 72 hours notice

Immediately (employees can recover penalties for everyday wages are withheld)

Colorado

Next scheduled payday

Immediately

Connecticut

Next scheduled payday

Next business day

Delaware

Next scheduled payday

Next scheduled payday

District of Columbia

Whichever is first: within 7 days or next payday

Next business day

Florida

No Statute

No Statute

Georgia

No Statute

No Statute

Hawaii

Immediately if the employee gives one pay period notice, or scheduled payday

Immediately or next business day

Idaho

Whichever is first: within 10 days or next payday. If employee provides a written request for earlier payment, within 48 hours of receiving the request.

Whichever is first: within 10 days or the next payday. If employee provides a written request for earlier payment, within 48 hours of receiving the request.

Illinois

Immediately if possible but no later than next scheduled payday

Immediately if possible but no later than next scheduled payday

Indiana

Next scheduled payday

Next scheduled payday

Iowa

Next scheduled payday

Next scheduled payday

Kansas

Next scheduled payday

Next scheduled payday

Kentucky

Whichever is later: within 14 days or next scheduled payday

Whichever is later: within 14 days or next scheduled payday

Louisiana

Whichever is first: next scheduled payday or within 15 days

Whichever is first: next scheduled payday or within 15 days

Maine

Whichever is first: next scheduled payday or within 2 weeks of employee’s demand

Whichever is first: next scheduled payday or within 2 weeks of employee’s demand

Maryland

Next scheduled payday

Next scheduled payday

Missouri

No Statute

Immediately

Montana

Whichever is first: next scheduled payday or within 15 days

Immediately (within 4 hours or the end of the same business day)

Nebraska

Whichever is first: next scheduled payday or within two weeks

Whichever is first: next scheduled payday or within two weeks

Nevada

Whichever is first: within 7 days or next payday

Immediately

New Hampshire

Next scheduled payday, or within 72 hours if the employee gives one period pay notice

Within 72 hours

New Jersey

Next scheduled payday

Next scheduled payday

New Mexico

Next scheduled payday

Next scheduled payday (task, piece and commission wages due within 10 days). If wages are a fixed amount, they are due within 5 days of termination.

New York

Next scheduled payday

Next scheduled payday

North Carolina

The upcoming designated payday, or earlier if preferred, can be via the standard payroll method or through mail, depending on the employee's choice.

The next anticipated payday, or earlier if preferred, can occur through the standard payroll method or via mail, depending on the employee's choice.

North Dakota

Next scheduled payday

Next scheduled payday

Ohio

Whichever is first: next scheduled payday or within 15 days

Whichever is first: next scheduled payday or within 15 days

Oklahoma

Next scheduled payday, or within 14 days, whichever is later

Next scheduled payday, or within 14 days, whichever is later

Oregon

Immediately if the employee provided a 48-hour notice; otherwise, within 5 days or on the next payday, whichever comes first

By the end of the next business day

Pennsylvania

Next scheduled payday (If the employee requests the final check to be mailed, then the company is required to do so)

Next scheduled payday (If the employee requests the final check to be mailed, then the company is required to do so)

Rhode Island

Next scheduled payday

Next scheduled payday

South Carolina

Within 48 hours or next scheduled payday not to exceed 30 days

Within 48 hours or next scheduled payday not to exceed 30 days

South Dakota

Next scheduled payday or the employer can hold the final pay until company property is returned

Next scheduled payday, or the  employer can hold the final pay until company property is returned  

Tennessee

Within 21 days or the next regular payday, whichever occurs later

Within 21 days or the next regular payday, whichever occurs later

Texas

Next scheduled payday

Within 6 calendar days

Utah

Next scheduled payday

Within 24 hours

Vermont

The earlier of the two: the upcoming designated payday or, if there is no regular payday, the following Friday.

Within 72 hours from the time of discharge

Virginia

Next scheduled payday

Next scheduled payday

Washington

Next scheduled payday

Next scheduled payday

West Virginia

Next scheduled payday

Next scheduled payday

Wisconsin

Next scheduled payday

Next scheduled payday

Wyoming

Next scheduled payday

Next scheduled payday

Missouri

No Statute

Immediately

Montana

Whichever is first: next scheduled payday or within 15 days

Immediately (within 4 hours or the end of the same business day)

Nebraska

Whichever is first: next scheduled payday or within two weeks

Whichever is first: next scheduled payday or within two weeks

Nevada

Whichever is first: within 7 days or next payday

Immediately

New Hampshire

Next scheduled payday, or within 72 hours if the employee gives one period pay notice

Within 72 hours

New Jersey

Next scheduled payday

Next scheduled payday

New Mexico

Next scheduled payday

Next scheduled payday (task, piece and commission wages due within 10 days). If wages are a fixed amount, they are due within 5 days of termination.

New York

Next scheduled payday

Next scheduled payday

North Carolina

The upcoming designated payday, or earlier if preferred, can be via the standard payroll method or through mail, depending on the employee's choice.

The next anticipated payday, or earlier if preferred, can occur through the standard payroll method or via mail, depending on the employee's choice.

North Dakota

Next scheduled payday

Next scheduled payday

Ohio

Whichever is first: next scheduled payday or within 15 days

Whichever is first: next scheduled payday or within 15 days

Oklahoma

Next scheduled payday, or within 14 days, whichever is later

Next scheduled payday, or within 14 days, whichever is later

Oregon

Immediately if the employee provided a 48-hour notice; otherwise, within 5 days or on the next payday, whichever comes first

By the end of the next business day

Pennsylvania

Next scheduled payday (If the employee requests the final check to be mailed, then the company is required to do so)

Next scheduled payday (If the employee requests the final check to be mailed, then the company is required to do so)

Rhode Island

Next scheduled payday

Next scheduled payday

South Carolina

Within 48 hours or next scheduled payday not to exceed 30 days

Within 48 hours or next scheduled payday not to exceed 30 days

South Dakota

Next scheduled payday or the employer can hold the final pay until company property is returned

Next scheduled payday, or the  employer can hold the final pay until company property is returned  

Tennessee

Within 21 days or the next regular payday, whichever occurs later

Within 21 days or the next regular payday, whichever occurs later

Texas

Next scheduled payday

>

Within 6 calendar days

Utah

Next scheduled payday

Within 24 hours

Vermont

The earlier of the two: the upcoming designated payday or, if there is no regular payday, the following Friday.

Within 72 hours from the time of discharge

Virginia

Next scheduled payday

Next scheduled payday

Washington

Next scheduled payday

Next scheduled payday

West Virginia

Next scheduled payday

Next scheduled payday

Wisconsin

Next scheduled payday

Next scheduled payday

Wyoming

Next scheduled payday

Next scheduled payday

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Dismiss an employee

To dismiss an employee, 

  • Go to the employee’s profile from Team.
  • Click on Start employee dismissal.
  • Enter the following detailssome text
    • Employee’s Last Day
    • Let us know if they chose to leave voluntarily or involuntarily. This will not be reported anywhere, but we will record it for you in case you need to use it later.
    • Enter the reason for dismissal. This is only for your records, and will not be reported anywhere.
    • Select how you want to run their dismissal payroll. some text
      • Dismissal payrolls can be run on the employee’s last day or along with your regular payroll.
      • Note: Make sure than you discard any draft payrolls if you choose to run dismissal payroll on a regular pay schedule.
      • You must check the state-wise dismissal regulations to stay compliant. 
    • Enter the employee's email that they can use to log on to Niural to receive their W2s.
    • Enter dismissal notes (optional)
    • Review the dismissal timelines and click on Dismiss Employee.

Run a Dismissal Payroll

Once an employee has been terminated in Niural, administrators with the necessary permissions might be prompted to execute a dismissal payroll for the payment of final wages. Depending on the rules of your specific state regarding final payments, the dismissal payroll can be distributed via check or direct deposit.

Should you have already compensated the employee and wish to dismiss the dismissal payroll alert, simply bypass the payroll process.

For those requiring to retroactively adjust a dismissal date, please reach out to us via the Help or Priority Support section within your Niural account.

  • Click on Run Payroll from the Payroll option, or click the notification on your Home page for the dismissal payroll. 
  • Select the dismissal payroll.
  • If you opted to pay the employee in your company’s regular pay schedule, click Continue on your Regular payroll.
  • The dismissal payroll will appear here after the final day of employment.
  • If the dismissal payroll doesn't appear here, this means it was selected to pay the employee their final pay on the company's next regular payroll.
  • Click Run Payroll.
  • If you have multiple bank accounts set up, select which bank account you'd like to process payroll from.
  • If you don't see this option, read this article to learn more.
  • View the prorated payment, and enter any amounts for a bonus, severance, reimbursements, or other additional earnings.
  • Click the prorated amount if you wish to change it.
  • If state rules permit, you can click the caret next to "Check" to change the payment to "Direct deposit."
  • Note: If you choose to pay the employee by direct deposit, Niural doesn't have insight into when the direct deposit will hit their bank account. This is because the employee's bank processes the depositing of the actual funds.
  • Click Save & Continue.
  • On the Time Off screen, you'll have the option to select a checkbox and pay out any remaining vacation hours owed.
  • Check out this article for dismissal paycheck requirements (by state).
  • If you wish to also pay out any remaining sick hours, add the amount on this page.
  • Click Save & continue.
  • Review the payroll information and click Submit payroll.
  • If you processed the payment as check, write the final amount on a check and hand it to your employee.
  • Your employee will see this paystub in their Niural account one day after their dismissal date.

Prorated Pay for a Dismissal Payroll

When terminating an employee, Niural seamlessly calculates the prorated final payment, whether it's processed in the employee's final payroll or a specific dismissal payroll. Should you not utilize these methods to compensate a terminated employee, you have the option to manually determine the prorated sum and include it in an off-cycle payroll.

This can be achieved by calculating the employee's daily salary rate and then multiplying that rate by the number of days the employee worked during the final pay period, resulting in the prorated payment amount.

Pay a dismissed employee

Upon terminating an employee, you have the choice to issue their severance through a dismissal payroll. Should there be a need to disburse severance or another form of compensation, you can carry out an off-cycle payroll to facilitate this payment for the terminated employee.

Note: You must be an admin with the required permissions to run this payroll.

Check this article to know how you can run off-cycle payrolls.

Legal obligation

Upon the termination of an employee subject to a garnishment order, the law mandates immediate notification to the collecting agency. While regulations differ by state, it is advisable to reach out to the agency within 5 days of becoming aware that the employee will be leaving, or within 5 days following the termination, whichever comes first.

The U.S. Department of Health & Human Services provides a form recognized by some states as meeting the notification requirements for an employee's termination. However, not all states accept this form, and some may demand further details or particular actions from the employer.

Online reporting

The Federal Child Support Portal's Electronic Termination (eTerm) feature enables you to electronically inform the state child support agency about an employee's termination. For those interested in reporting terminations through the internet but still need to be signed up, registration for the employer's online services, eTerm included, is available on the Portal.

Disclaimer

Please note, that this article should not be considered as advice on tax, legal matters, benefits, finance, or human resources. Laws and regulations are subject to change and may differ by location, so it is advisable to consult with a legal or HR professional for specific guidance.

If you have any questions or require assistance please contact us at support@niural.com

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