Michigan Final Paycheck Demand Letter

Introduction

Key Things to Know

1. 1

   A final paycheck demand letter is a written demand a departed Michigan employee sends a former employer to collect unpaid final wages, before filing a wage complaint with the state labor agency or suing.

2. 2

   If the employer discharged the employee, all wages earned and due must be paid immediately, as soon as the amount can with due diligence be determined (MCL 408.475(2)).

3. 3

   If the employee voluntarily left, all wages earned and due must be paid as soon as the amount can with due diligence be determined (MCL 408.475(1)); a fixed 3-day limit applies only to hand harvesting of crops.

4. 4

   Michigan does not impose a per-day waiting-time penalty. The remedy is a wage complaint, after which the department may order the amount due plus a penalty at 10 percent annually, and exemplary damages up to twice the amount due if the violation is flagrant or repeated (MCL 408.488).

5. 5

   Earned wages are always owed. Fringe benefits, which Michigan defines to include paid vacation, are payable only under the terms of the employer's written contract or written policy, not by automatic mandate (MCL 408.471 and MCL 408.473).

6. 6

   A Michigan employer may not deduct any amount from your wages without your full, free, and written consent, except for deductions required or expressly permitted by law or a collective bargaining agreement (MCL 408.477(1)).

7. 7

   If the demand is ignored, a Michigan worker can file a wage complaint with the Department of Labor and Economic Opportunity, Wage and Hour Division, and the complaint must be filed within 12 months of the violation (MCL 408.481(1)).

Michigan Requirements for Final Paycheck Demand Letter

• Final Pay Is Due Immediately If You Were Discharged

  If a Michigan employer discharges an employee, all wages earned and due must be paid immediately, as soon as the amount can with due diligence be determined (MCL 408.475(2)). Your demand letter should state that this deadline has passed.

• Final Pay If You Quit: As Soon As the Amount Is Determined

  If a Michigan employee voluntarily leaves, all wages earned and due must be paid as soon as the amount can with due diligence be determined (MCL 408.475(1)). Michigan sets no fixed number of days for most workers, apart from a 3-day limit for hand harvesting of crops. State your last day and that payment is overdue.

• No Per-Day Penalty: Wage Complaint Remedy

  Michigan does not impose a continuing per-day waiting-time penalty. The remedy is a wage complaint, after which the department may order the wages and fringe benefits due plus a penalty at 10 percent annually, and exemplary damages of not more than twice the amount due if the violation is flagrant or repeated (MCL 408.488). Reserve these remedies in your letter.

• Vacation and Fringe Benefits Follow the Written Policy

  Earned wages are always owed. Michigan defines fringe benefits to include paid vacation, but a fringe benefit is compensation due only pursuant to a written contract or written policy (MCL 408.471), and the employer must pay it in accordance with that contract or policy (MCL 408.473). There is no automatic vacation-payout mandate; list any vacation your policy provides for.

• Deductions Need Your Written Consent

  Except for deductions required or expressly permitted by law or by a collective bargaining agreement, a Michigan employer may not deduct any amount from your wages without your full, free, and written consent, obtained without intimidation or fear of discharge for refusing (MCL 408.477(1)). Dispute any deduction you did not authorize.

• Where to File a Wage Complaint in Michigan

  If the demand is ignored, a Michigan worker can file a wage complaint with the Department of Labor and Economic Opportunity, Wage and Hour Division, which enforces the Payment of Wages and Fringe Benefits Act. There is no fee, and complaints can be filed online at michigan.gov/wageclaim. Keep your records for the claim.

• Send With Proof of Delivery

  Send the demand to the employer's address using a trackable method such as certified mail with return receipt, and keep a copy of the letter and the delivery record. Proof that you demanded your final wages supports a later wage complaint or lawsuit.

• Deadline to File a Wage Complaint

  An employee who believes the employer violated the Payment of Wages and Fringe Benefits Act must file a written complaint with the department within 12 months after the alleged violation (MCL 408.481(1)). Filing your demand and complaint promptly is the practical course.