Final Paycheck Demand and Wage Claim — Arizona

Final Paycheck Demand and Wage Claim (ARIZONA)

Quick-Reference Summary

Part A — Demand Letter to Former Employer

[DATE: __/__/____]

Via Certified U.S. Mail, Return Receipt Requested — Article No. [________________]
and Email to [EMPLOYER EMAIL]

RE: Demand for Payment of Final Wages — A.R.S. § 23-353; Notice of Treble-Damages Exposure under A.R.S. § 23-355

Dear [EMPLOYER CONTACT]:

I worked for [EMPLOYER NAME] as a [JOB TITLE] from [__/__/____] through my separation on [__/__/____]. My separation was by [☐ involuntary termination ☐ layoff ☐ resignation with [____] days' notice]. As of the date of this letter, [EMPLOYER NAME] has failed to pay me all wages owed.

1. Itemized Wages Owed

Unused earned paid sick time is not automatically payable at separation under Arizona law. Claim it here only if an employer policy or agreement independently promises a payout; use the contractual PTO row if that applies.

2. Statutory Deadline Violated

Under A.R.S. § 23-353, my final wages were due:

• ☐ (Discharge) Within 7 working days after my termination on [__/__/____], OR the end of the next regular pay period ending [__/__/____], whichever was sooner — i.e., [__/__/____].
• ☐ (Resignation) On the next regular payday following my resignation — i.e., [__/__/____].

That deadline has now passed by [____] days.

3. Statutory Damages Triggered

Under A.R.S. § 23-355(A), an employee whose employer fails to pay wages due in violation of the chapter may seek a treble amount in a civil action (3x the qualifying unpaid wages). Trebling is subject to the court's determination and may be denied when the employer had a reasonable good-faith wage dispute. On the amounts claimed here, the requested aggregate would be $[3x QUALIFYING UNPAID WAGES] if trebling is awarded.

If the underpayment includes Arizona minimum wage or earned paid sick time, A.R.S. § 23-364(G) requires payment of the unpaid balance plus interest and an additional amount equal to twice the underpayment. A prevailing plaintiff is entitled to reasonable attorney's fees and costs of suit under that subsection.

Arizona’s statutory definition of "wages" includes nondiscretionary compensation calculated by commission when due for services rendered (A.R.S. § 23-350). The Court of Appeals applied § 23-355 to earned commissions in Apache East, Inc. v. Wiegand, 119 Ariz. 308 (App. 1978). The Arizona Supreme Court addressed promised severance pay in Schade v. Diethrich, 158 Ariz. 1 (1988). Section 23-352(3) permits withholding when a reasonable good-faith dispute exists over the amount due.

4. Demand

I demand that [EMPLOYER NAME] tender the full sum of $[__________] (unpaid wages) plus $[2x QUALIFYING AMOUNT additional, if sought under § 23-355(A)] — for a total settlement request of $[TOTAL, counting principal once] — by certified check made payable to me at the address above, on or before [__/__/____] (14 calendar days from the date of this letter).

5. Notice of Anti-Retaliation Protection

If this demand asserts minimum-wage or earned-paid-sick-time rights under A.R.S. § 23-364's article, I am exercising rights protected by § 23-364(B). Retaliation for asserting those rights may support a separate claim under that article. For a demand limited to ordinary final wages under § 23-353, omit this paragraph.

6. Preservation of Records

Please preserve all payroll, time, commission, bonus, and personnel records relating to my employment and this wage dispute while the claim remains unresolved.

7. Consequences of Non-Payment

If the full amount demanded is not received by [__/__/____], I will, without further notice:

• (a) File an Unpaid Wage Claim with the Industrial Commission of Arizona, Labor Department (claims within the ICA jurisdictional cap);
• (b) Pursue all civil remedies in Justice Court or Superior Court of Arizona, seeking any supported treble amount under § 23-355(A), with fees or costs only if separately authorized;
• (c) File a minimum-wage or earned-paid-sick-time complaint with ICA under § 23-364, separately, if applicable; and
• (d) File an FLSA claim with the USDOL Wage and Hour Division for any overtime owed.

This letter is sent in good faith to afford [EMPLOYER NAME] a final opportunity to resolve this matter.

Sincerely,

[EMPLOYEE FULL LEGAL NAME]
[SIGNATURE: ____________________________] Date: [__/__/____]

Enclosures: (1) Last pay stub; (2) W-2 / W-4 / offer letter; (3) Commission/bonus plan; (4) Time records; (5) PTO balance.

cc: [PERSONAL FILE] • [COUNSEL OF RECORD, if any]

Part B — State Wage Claim Filing (Arizona Industrial Commission — Unpaid Wage Claim)

B.1 Filing Method

☐ Electronic submission via azica.gov: https://www.azica.gov/forms/unpaid-wage-claim-form
☐ Email signed PDF to [email protected]
☐ Fax to (602) 542-8097
☐ Mail signed form to: Labor Department, P.O. Box 19070, Phoenix, AZ 85005-9070

B.2 Eligibility Check

☐ Total unpaid wages do not exceed the $12,000 cap in A.R.S. § 23-356(A)
☐ Overtime claim: determine the applicable federal or state route separately
☐ Minimum-wage or earned-paid-sick-time claim: use the separate § 23-364(C) complaint route, if applicable
☐ Claim is NOT retaliation (use ICA retaliation form)
☐ Employer is NOT in bankruptcy
☐ No civil lawsuit has been filed for the same wages
☐ Department claim filed within ONE (1) YEAR of accrual (A.R.S. § 23-356(A))
☐ Claimant does NOT own ≥20% of the employer

B.3 Claimant (Employee) Information

B.4 Employer Information

B.5 Employment and Wage Details

B.6 Nature of Claim — Check All That Apply

☐ Final paycheck not paid timely (A.R.S. § 23-353)
☐ Bonuses earned but unpaid
☐ Commissions earned but unpaid
☐ Vacation/PTO contractually owed but unpaid
☐ Mileage / business-expense reimbursement (if treated as wages)
☐ NSF check
☐ Unauthorized deductions (A.R.S. § 23-352)

B.7 Narrative Statement of Claim

[____________________________________________________________]
[____________________________________________________________]
[____________________________________________________________]
[____________________________________________________________]
[____________________________________________________________]

B.8 Required Supporting Documents

☐ Last pay stub(s) for the unpaid pay period(s)
☐ Offer letter, employment contract, or written wage agreement
☐ Commission agreement / bonus plan
☐ Time records (punches, schedule, calendar entries)
☐ Direct-deposit / bank statements showing missed deposits
☐ Texts / emails about pay
☐ Copy of Demand Letter (Part A) and certified-mail receipt
☐ Separation documentation
☐ Employee handbook excerpt (PTO/commission policies)

B.9 Acknowledgments and Certification

☐ I understand that ICA will provide a copy of this claim and all evidence to the employer.
☐ I understand ICA may take several months to process this claim.
☐ I understand I have an ongoing duty to update ICA of any address, phone, or email change.
☐ I will not file a civil lawsuit on the same claim while this claim is pending unless I withdraw it.
☐ I understand that any appeal of an ICA wage-claim determination goes to Superior Court and that I must follow the closure letter's appeal instructions and confirm the proper county.

I certify under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

Signature: [____________________________] Date: [__/__/____]
Printed name: [________________________________]

Part C — Pre-Send Checklist

C.1 Before Mailing the Demand (Part A)

☐ Verify employer's legal name and statutory agent via Arizona Corporation Commission (ecorp.azcc.gov)
☐ Confirm 14-day demand deadline calendar date
☐ Recompute every wage-table line; verify hours x rate and commission per plan
☐ Calculate treble-damages exposure: 3 × unpaid wages
☐ Identify the correct § 23-353 deadline (discharge 7-working-days rule vs. resignation next-payday rule)
☐ Attach: last pay stub, offer letter, commission plan, time records
☐ Mail Certified U.S. Mail, Return Receipt Requested — retain green card
☐ Send concurrent email with read receipt
☐ Save PDF of signed letter to personal file

C.2 Before Filing ICA Wage Claim (Part B)

☐ 14-day demand period has expired or employer has rejected demand
☐ Total claim is within ICA jurisdictional cap (verify current cap on ICA website)
☐ 1-year SOL has not expired (A.R.S. § 12-541)
☐ Confirm using current ICA form revision
☐ Complete every field
☐ Sign and date the form (electronic signatures accepted)
☐ Attach copies (NOT originals) of all supporting documents
☐ Make a complete copy of entire packet for personal file
☐ Note: ICA will share the claim and evidence with the employer

C.3 Parallel / Alternative Filings

☐ Minimum-wage or paid-sick-time claim: file separately under A.R.S. § 23-364
☐ Overtime claim: file with USDOL Wage and Hour Division (https://www.dol.gov/agencies/whd/contact/complaints)
☐ Retaliation: use ICA retaliation form
☐ Claim over the § 23-356(A) Department cap: consider a § 23-355 civil action in a court with jurisdiction; confirm current court limits and any treble claim
☐ Multi-employee pattern: consider FLSA collective action under 29 U.S.C. § 216(b)

C.4 Retaliation Watch

☐ Document any post-demand contact from employer
☐ Save unemployment-insurance correspondence
☐ Track reference checks reported by prospective employers
☐ If retaliation for an asserted minimum-wage or earned-paid-sick-time right is suspected, consider an ICA retaliation claim under § 23-364(B)

Sources and References

• Arizona Administrative Code, Title 20, Chapter 5, Article 10 (wage claims): https://apps.azsos.gov/public_services/Title_20/20-05.pdf
• ICA — Labor Claims for Unpaid Wages: https://www.azica.gov/labor-claims-unpaid-wages
• Unpaid Wage Claim Form: https://www.azica.gov/forms/unpaid-wage-claim-form
• ICA Wage Claims FAQ: https://www.azica.gov/labor-wage-claims-frequently-asked-questions
• A.R.S. § 23-353 (final-paycheck timing): https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/23/00353.htm
• A.R.S. § 23-355 (treble damages): https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/23/00355.htm
• A.R.S. § 23-352 (lawful deductions): https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/23/00352.htm
• A.R.S. § 23-364 (Fair Wages Act — 2x damages, anti-retaliation): https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/23/00364.htm
• A.R.S. § 23-363 (state minimum wage): https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/23/00363.htm
• A.R.S. § 12-541 (1-year SOL): https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/12/00541.htm
• Industrial Commission wage-claim appeal FAQ: https://www.azica.gov/labor-wage-claims-frequently-asked-questions
• Arizona Corporation Commission Business Search: https://ecorp.azcc.gov/EntitySearch/Index
• ICA Labor Minimum Wage and Paid Sick Time: https://www.azica.gov/labor-minimum-wage-and-paid-sick-time
• USDOL Wage and Hour Division (overtime / FLSA): https://www.dol.gov/agencies/whd