Legal Question in Employment Law in Wisconsin

Getting my last paycheck

I quit my job with no notice due to the working conditions. I left the executive director a letter stating why I was quitting & why I didn't give notice (I have copies of this). I left her my time sheet as well (I also have a copy of this). Paydays were bi-monthly. There were circumstances during employment, when she wouldn't be there to hand me my check, so she mailed it out so that I received it on either the 15th or 30th/31st. Today is the 4th of June (I quit on the 22nd of May) & I still have not received my check. There is no property exchanged to dispute that might hold up my check. Simply hours that I worked. Did I NEED to state in my letter that my last check should be mailed to me? (I thought mailing it to me would be automatic) Does she have the right to ''hold'' my check like she's doing? If it's not in my mail after today's mail, I intend to contact her & I'd like my ducks in a row. Thank you for your time.


Asked on 6/04/03, 7:45 am

2 Answers from Attorneys
Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: Getting my last paycheck

Hello,

Legally she owes you the money. You were employed and earned it. If they don't pay it

to you, likely you would sue the company in small claims court. However, it rarely comes to that. You are correct to contact her and keep it professional and limited to how and when you will get your last paycheck. If she doesn't deliver, then find out who, if anyone, is above her that you can contact to discuss not only the paycheck, but maybe the conditions causing you to quit. Best wishes, Mark J. Mahoney

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Answered on 6/04/03, 10:02 am
Sally Stix Law Offices of Sally A. Stix

Re: Getting my last paycheck

If you do not get your last paycheck which is due you, you can file a complaint with the DWD, Labor Standards Bureau. The web site is below. I'll include a little info from them:

Wisconsin's Wage Payment And Collection Law

Section 109.01-11 Wisconsin Statutes requires the department to process individual wage claims from employees who have not received the earned wages and establishes when employees must be paid.

This is enforced by filing a complaint with the Equal Rights Division within 2 years or through circuit court.

http://www.dwd.state.wi.us/er/labor_standards_bureau/wage_payment_and_collection_law.htm

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Answered on 6/05/03, 2:16 pm


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