If your employer hasn't paid your final wages, this page lays out exactly what New Hampshire law requires, what it costs your employer to ignore it, and how a properly cited demand letter invokes both. Every deadline, penalty, and citation below was verified against the current statute text or official state guidance.

New Hampshire's final paycheck deadlines at a glance

If you were fired or laid off Within 72 HOURS of discharge
If you quit Next regular payday — but a worker who gave at least one pay period's notice must be paid within 72 HOURS
The penalty for nonpayment Willful + without good cause: liquidated damages of 10%/day (excl. Sundays/holidays), or an amount equal to the unpaid wages, whichever is smaller (100% cap)

When your final paycheck is due in New Hampshire

Fired workers must be paid all wages within 72 hours of discharge (§ 275:44 I). Workers who quit are owed on the next regular payday — except a worker who gave at least one pay period's notice of intention to quit must be paid within 72 hours (§ 275:44 II): notice rewards the worker, Hawaii-style. Layoffs and labor disputes follow the next-regular-payday rule.

What late payment costs your employer

An employer who "willfully and without good cause" fails to pay owes liquidated damages of 10% of the unpaid wages for each day except Sundays and legal holidays, "or in an amount equal to the unpaid wages, whichever is smaller" — a 100% cap, so maximum total exposure is 2x, with accrual stopping at a bankruptcy petition (§ 275:44 IV). "Willfully" means voluntarily, with knowledge of the obligation and despite the financial ability to pay it (Ives v. Manchester Subaru, 126 N.H. 796 (1985)) — accidents and mistakes of fact don't qualify. And the liability reaches people: a corporate officer who knowingly permits the violation "shall be deemed to be the employer" (RSA 275:42, V) — the NH Supreme Court has held a COO personally liable on exactly that basis (Richmond v. Hutchinson, 2003). Willful violations also carry criminal penalties (RSA 275:52).

Why the demand letter matters in New Hampshire

THE LETTER SUPPLIES BOTH ELEMENTS — the dated demand creates "knowledge of the obligation," and naming the owner or officers with a cite to RSA 275:42, V creates the record of "knowingly permits." After the letter, the only liquidated-damages escape left is proving genuine inability to pay.

Vacation and PTO in the final check

Vacation payable if policy requires.

⚠ Outdated information is circulating about New Hampshire

New Hampshire's willfulness definition includes "despite the financial ability to pay" — the OPPOSITE of Washington's Schilling rule, where inability is no defense. Never cross-apply between the two.

Every figure on this page was verified against the current statute text or official state guidance.

What a strong New Hampshire demand letter looks like

An effective New Hampshire letter does the following: three recitable weapons: § 275:45's UNCONDITIONAL payment of conceded wages even mid-dispute; § 275:50's statutory anti-waiver line; and the enforcement story — the NH DOL found a violation where a county jail sergeant with six weeks' notice was paid on the next cycle instead of within 72 hours. Even sophisticated employers blow this deadline. Here's how the opening of a strong one reads:

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New Hampshire Final Paycheck Demand — Preview
[Your Name] [Your Address] [City, NH ZIP] [Date] [Employer Name] [Employer Address] RE: Demand for Payment of Unpaid Final Wages — RSA 275:43–275:53 Dear [Employer Name], This letter is not a request. It is formal notice. I demand payment of my unpaid final wages in the amount of $[AMOUNT], earned through my last day of work on [LAST DAY WORKED]. Under RSA 275:43–275:53, my final wages were due as follows: within 72 HOURS of discharge. As of today, [NUMBER] days have passed without payment. Be advised of your exposure under New Hampshire law for continued nonpayment: willful + without good cause: liquidated damages of 10%/day (excl. Sundays/holidays), or an amount equal to the unpaid wages, whichever is smaller (100% cap)... Accordingly, demand is hereby made for payment of $[AMOUNT], together with all amounts the law allows, within ten (10) days of the date of this letter — no later than [RESPONSE DEADLINE]. If payment is not received by that date, I will pursue every remedy available under law without further notice. I would prefer to resolve this without litigation — but I am fully prepared to proceed. Govern yourself accordingly, [Your Name]

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Primary sources

gc.nh.gov/rsa/html/xxiii/275/275-44.htm
caselaw.findlaw.com/court/nh-supreme-court/1013689.html
www.dol.nh.gov/inspections/wage-and-hour/protective-legislation

This guide is general information about New Hampshire law, not legal advice. Statutes are paraphrased; verify current law for your situation. For significant or contested claims, consult a licensed New Hampshire attorney.