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Generally, no. For most employers in Minnesota (there are exceptions for certain transitory types of work and union shops) it comes down to this – who made the decision to terminate the person’s employment?

Where the employee quit, Minnesota law requires that you pay him his final wages by the next regularly scheduled payday. If the next payday is less than 5 days away, you may pay him on the one that follows, so long as he is paid within 20 days of his final date of employment.

If the employee was fired, he has a right to be paid his final wages within 24 hours from when he demands his final pay. Absent a demand from the employee, however, you can pay him the next regularly scheduled payday.

Thompson Coe and myHRgenius Tip of the Week is not intended as a solicitation, does not constitute legal advice, and does not establish an attorney-client relationship.


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