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In the state of Wisconsin can a company legally hold my last pay check for any reason

Eau Claire, WI |

I left the company about two weeks ago for school and on the day the checks came in my check did not arrive. Can a company legally hold my check without giving any reason for them not giving it to me?

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Attorney answers 1


Upon termination, an employer in Wisconsin must pay the employee the final paycheck on the next regular payday. All employees must be paid within 30 days of any day worked. Generally, an employer may not hold a final paycheck inconsistent with these two requirements. If an employer is claiming some right to the funds, such as payment for loss or theft, special requirements apply before an employer may legally withhold such amounts. The Wage & Hour Bureau of the Department of Workforce Development for the State of Wisconsin can help in most of these situtations, including looking at whether your rights are violated and getting your final check. If that doesn't help, a private attorney can also be of assistance. I've included a link to the Wage & Hour Bureau's webpage on Wage Payment and Collection. That should help you review your rights and provide contact information to the Bureau.

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