Final Paycheck Demand and Wage Claim — Wisconsin

Final Paycheck Demand and Wage Claim (WISCONSIN)

Quick-Reference Summary

Part A — Demand Letter to Former Employer

[DATE]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO [EMPLOYER EMAIL]

[EMPLOYER LEGAL NAME]
Attn: [OWNER / HR DIRECTOR]
[EMPLOYER STREET ADDRESS]
[CITY], WI [ZIP]

Re: Demand for Final Wages Under Wis. Stat. Ch. 109 — Notice of 50% / 100% Increased-Wage Penalty Exposure

Dear [NAME]:

I, [EMPLOYEE FULL LEGAL NAME] ("Claimant"), formerly employed by [EMPLOYER LEGAL NAME] ("Employer") as [JOB TITLE] from [START DATE] through [SEPARATION DATE], hereby make formal demand for the immediate payment of all wages owed under Wisconsin Statutes Chapter 109.

1. Separation and Statutory Timing

My employment ended on [DATE] by ☐ involuntary discharge ☐ voluntary resignation ☐ separation caused by a qualifying business event. Under Wis. Stat. § 109.03, my final wages were due under [SELECT: SUBSECTION (2) EARLIER-DATE RULE / SUBSECTION (4) 24-HOUR RULE]—namely, [PAYMENT DATE]. As of the date of this letter, the Employer has failed to pay.

2. Itemization of Wages Owed

3. Increased-Wage Penalty Under § 109.11

If the Employer's failure to pay is established:

• DWD audit-related process (§ 109.11(1)(b)): After DWD instructs an employer to audit payroll records, DWD shall require up to 50% increased wages for qualifying later-filed or audit-discovered valid claims of the same type, unless extreme hardship is shown.
• Circuit court, pre-DWD-completion (§ 109.11(2)(a)): Court may order up to 50% increased wages.
• Circuit court, post-DWD-completion (§ 109.11(2)(b)): Court may order up to 100% increased wages.

4. Demand and Deadline

I demand payment of $[TOTAL UNPAID WAGES] by certified or cashier's check delivered to [DELIVERY ADDRESS] within seven (7) days of your receipt of this letter — by [DATE]. This is a demand deadline, not a statutory cure period. Whether increased wages may be awarded depends on the DWD audit process and the timing of any circuit-court action under § 109.11.

5. Preservation of Evidence

You are on notice to preserve all payroll records, time records, commission/bonus plans, vacation accrual records, the employee handbook, written and electronic communications, and any document touching on the wages identified above.

6. No Retaliation

Wis. Stat. § 109.075 and FLSA § 215(a)(3) prohibit retaliation for asserting wage rights. Any retaliation will be treated as an independent claim.

7. Reservation of Rights

If payment is not received by the deadline, I will (i) file a Labor Standards Complaint (LS-119-E) with the DWD Equal Rights Division (Part B), and/or (ii) commence civil action in the Circuit Court for [COUNTY] under § 109.03(5), seeking unpaid wages, up to 100% increased wages, attorney's fees, costs, and (where applicable) criminal referral under § 109.11(3).

Sincerely,

____________________________________
[EMPLOYEE NAME]
[ADDRESS]
[CITY], WI [ZIP]
[PHONE] | [EMAIL]

Part B — State DOL Wage Claim Filing

B.1 Agency and Form

B.2 Required Workflow

1. Send Part A demand and wait 6 days after the missed payday (the DWD-recommended demand period).
2. File the LS-119-E Labor Standards Complaint with DWD online or by mail.
3. DWD assigns an investigator; the Employer is contacted in writing and asked to pay or respond.
4. DWD investigates and attempts to compromise and settle the claim. The up to 50% increased-wage provision in § 109.11(1)(b) applies only after DWD directs a payroll audit and to qualifying later-filed or audit-discovered valid claims of the same type; it is not automatic on every valid initial claim.
5. If unresolved, DWD may refer to the district attorney or Department of Justice for circuit-court action (§ 109.11(1)(c)).
6. Or, employee may commence a private circuit-court action under § 109.03(5) at any time — exposure escalates to 50% (pre-DWD-completion) or 100% (post-DWD-completion) increased wages.

B.3 Claims DWD Will Process

• Salaries / regular wages
• Severance pay (when promised)
• Commissions
• Expenses
• Holiday pay
• Bonuses
• Vacation pay
• Illegal deductions
• Supplemental unemployment comp benefits required by CBA
• Other "similar advantages" agreed upon or established as policy

B.4 Claims DWD Will Not Process

• Unpaid bills owed to the claimant
• Independent contractor claims
• Claims already filed in court
• Some out-of-state employer claims
• Union members are directed to file with their local representative

B.5 Information the Form Requires

☐ Claimant name, address, phone, email
☐ Employer legal name, address, phone
☐ Dates of employment, position, rate of pay, regular payday
☐ Reason for separation
☐ Type of claim (regular wages / overtime / vacation / commission / deduction / etc.)
☐ Amount claimed with calculation
☐ Whether you have demanded payment (attach Part A)
☐ Signature

B.6 Attachments

☐ Pay stubs / wage statements (employers must state hours, rate, deductions on each stub — § 103.457)
☐ Time records, schedules
☐ Offer letter, contract, commission/bonus plan, handbook, vacation policy
☐ W-2s / 1099s
☐ Termination or resignation correspondence
☐ Copy of Part A demand letter and certified-mail receipt
☐ Calculation worksheet

B.7 Civil Forum

B.8 Federal Overlay (FLSA)

Plead 29 U.S.C. §§ 206, 207, 216(b) for federal minimum-wage / overtime claims with liquidated damages equal to unpaid wages and mandatory fees. 2-year SOL; 3 if willful.

Part C — Pre-Send Checklist

☐ Identify Employer's regular pay schedule — § 109.03 anchors final pay to that schedule.
☐ Calendar the missed payday and the 6-day DWD-recommended demand period.
☐ Re-compute wages including overtime, vacation, commissions, bonuses, and any "similar advantages."
☐ Confirm vacation policy creates an unconditional right (else may be forfeitable).
☐ Verify Employer's correct legal entity (WDFI business search).
☐ Confirm no enforceable arbitration / class waiver.
☐ Print and sign 2 copies of the demand letter.
☐ Send via USPS Certified Mail, Return Receipt Requested and email; calendar 7 days.
☐ Calendar the 2-year SOL from each pay period (this is shorter than many states — do not delay).
☐ Decide pre- or post-DWD strategy: agency route caps increased wages at 50%; post-investigation court route allows up to 100%.
☐ Preserve evidence; instruct Employer to preserve via Part A.
☐ For attorney-signed letters, include Wisconsin State Bar number.

Sources and References

1. Wis. Stat. Ch. 109 (Wage Payment, Claims and Collections). https://docs.legis.wisconsin.gov/document/statutes/ch.%20109
2. Wis. Stat. § 109.03 — Wage payment; private right of action. https://docs.legis.wisconsin.gov/document/statutes/109.03
3. Wis. Stat. § 109.11 — Penalties; 50% / 100% increased wages. https://docs.legis.wisconsin.gov/document/statutes/109.11
4. Wis. Stat. § 103.455 — Unauthorized-deduction penalty (2x). https://docs.legis.wisconsin.gov/document/statutes/103.455
5. DWD — Wage Payment and Collection Law overview. https://dwd.wisconsin.gov/er/laborstandards/wages.htm
6. DWD — Labor Standards Complaint Form (LS-119-E). https://dwd.wisconsin.gov/dwd/forms/erd/ls-119-e.htm
7. DWD — Labor Standards Complaint Process. https://dwd.wisconsin.gov/er/laborstandards/complaintprocess.htm
8. DWD — File a Complaint portal. https://dwd.wisconsin.gov/er/complaints/
9. Wis. Stat. § 893.44 — 2-year SOL on wage claims. https://docs.legis.wisconsin.gov/document/statutes/893.44
10. FLSA, 29 U.S.C. §§ 201-219. https://www.dol.gov/agencies/whd/flsa

Last updated: 2026-08-12.