Wisconsin Wage Claim Demand Letter

WAGE CLAIM DEMAND LETTER — STATE OF WISCONSIN

TABLE OF CONTENTS

1. Introductory Information and Parties
2. Purpose of This Demand Letter
3. Employment Background and Factual Basis
4. Itemized Wage Calculation
5. Legal Basis for Demand
6. Demand for Payment
7. Consequences of Non-Payment
8. Wisconsin DWD Filing Information
9. Reservation of Rights
10. Signature and Verification
11. Notary Acknowledgment
12. Certificate of Service
13. Sources and References

1. INTRODUCTORY INFORMATION AND PARTIES

Date of Letter: [__/__/____]

Sent Via:
☐ Certified U.S. Mail, Return Receipt Requested
☐ Hand Delivery
☐ Email (with read receipt)
☐ Facsimile Transmission
☐ Other: [________________________________]

CLAIMANT / EMPLOYEE INFORMATION

EMPLOYER INFORMATION

2. PURPOSE OF THIS DEMAND LETTER

This letter constitutes a formal written demand for the immediate payment of all wages earned but not paid to the undersigned Claimant/Employee by the above-identified Employer, as required under Wisconsin Statutes Chapter 109 (Wage Payments, Claims and Collections), the Wisconsin Minimum Wage Law (Wis. Stat. Ch. 104), and all other applicable state and federal wage-and-hour statutes.

NOTICE TO EMPLOYER: Wisconsin law imposes significant penalties for the failure to pay wages. Under Wis. Stat. § 109.11(2), a circuit court may award increased wages of up to 100% of the unpaid wages (effectively doubling the award), plus attorney's fees and costs. An employer who has the ability to pay but willfully fails to do so may also face criminal penalties of up to $500 in fines and 90 days imprisonment under Wis. Stat. § 109.11(3). This demand letter affords the Employer an opportunity to resolve this matter before administrative and/or judicial proceedings are commenced.

3. EMPLOYMENT BACKGROUND AND FACTUAL BASIS

3.1 Employment Relationship

3.2 Agreed Compensation

3.3 Nature of Wage Claim

The following categories of unpaid wages are at issue in this demand (check all that apply):

☐ Regular hourly wages for hours worked but not compensated
☐ Overtime wages (hours exceeding 40 per workweek) under Wis. Admin. Code DWD § 274.03
☐ Final wages not paid by next regular payday (Wis. Stat. § 109.03(1))
☐ Wages not paid within 24 hours after business closure/merger/liquidation (Wis. Stat. § 109.03(2))
☐ Commissions earned but not paid
☐ Bonuses earned but not paid
☐ Agreed salary not paid in full
☐ Unauthorized deductions from wages
☐ Minimum wage violations (wages paid below $7.25/hour)
☐ Tipped employee minimum wage violations (below $2.33/hour)
☐ Failure to pay for all hours worked, including training time, on-call time, etc.
☐ Wages paid by dishonored check
☐ Other: [________________________________]

3.4 Factual Narrative

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

(Describe in detail the circumstances giving rise to this claim, including relevant dates, hours worked, communications with employer, written agreements, and any prior attempts to resolve the matter.)

4. ITEMIZED WAGE CALCULATION

4.1 Unpaid Regular Wages

4.2 Unpaid Overtime Wages (If Applicable)

4.3 Unpaid Commissions / Bonuses (If Applicable)

4.4 Unauthorized Deductions (If Applicable)

4.5 Total Demand Summary

4.6 Potential Statutory Damages (For Employer's Information)

Note: The above statutory damages illustrate the Employer's potential exposure. Under Wisconsin law, the level of "increased wages" depends on whether the employee files suit before or after the DWD completes its investigation. The actual demand in this letter is limited to the unpaid wages identified in Section 4.5.

5. LEGAL BASIS FOR DEMAND

5.1 Payment of Wages — Wis. Stat. § 109.03

Wisconsin Statutes Chapter 109 establishes comprehensive requirements for the payment of wages.

Wis. Stat. § 109.03(1)(a) — Regular Wage Payment. Every employer shall, as often as monthly, pay to every employee engaged in the employer's business all wages earned by the employee to a day not more than 31 days prior to the date of payment. Each employee shall have a right of action against any employer for the full amount of the employee's wages due on each regular payday and for increased wages as provided in § 109.11(2).

Wis. Stat. § 109.03(1)(b) — More Frequent Payment. An employer who pays wages more frequently than monthly may not lengthen the pay period without first giving written notice to the affected employees at least 30 days before the change takes effect.

Wis. Stat. § 109.03(2) — Payment After Business Closure. When an employee is separated from the payroll as a result of the employer merging, liquidating, disposing of the business, or ceasing business operations, the employer shall pay all unpaid wages to the employee within 24 hours of the time of separation. This 24-hour rule applies only to business closures, mergers, and liquidations — not to individual terminations.

Wis. Stat. § 109.03(3) — Payment After Regular Termination. For employees who are terminated for reasons other than business closure, the employer must pay all wages due on the next regular payday following the termination.

Wis. Stat. § 109.03(4) — Written Statement of Deductions. Every employer shall, at the time of payment of wages, give each employee a written statement showing the amount of and the reason for each deduction from the wages due or earned by the employee.

Wis. Stat. § 109.03(5) — Attorney's Fees. In any action by an employee to recover wages and increased wages under this chapter, the court shall order the employer to pay the employee reasonable attorney's fees and costs in addition to the amount of unpaid wages and increased wages.

5.2 Definitions — Wis. Stat. § 109.01

Wis. Stat. § 109.01(1r) — "Employer." "Employer" means any person, firm, or corporation, including the state and its political subdivisions, which employs or has employed one or more employees.

Wis. Stat. § 109.01(3) — "Wages." "Wages" means remuneration payable to an employee for personal services, including salaries, commissions, vacation pay, dismissal or severance pay, bonuses, and any other similar advantages agreed upon between the employer and the employee, or provided by the employer to the employees as an established policy.

5.3 Wage Claims — Investigation and Collection — Wis. Stat. § 109.09

Wis. Stat. § 109.09(1) — Department Investigation. The Department of Workforce Development (DWD) shall investigate and attempt equitably to adjust controversies between employers and employees as to alleged wage claims. The Department may receive and investigate any wage claim that is filed with the Department no later than 2 years after the date the wages are due.

Wis. Stat. § 109.09(2) — Determination and Order. The Department shall, within 20 days after receipt of a claim, determine whether the claim presents a reasonable basis for requiring the employer to respond. If the Department issues a determination and order finding wages are due, the order becomes final unless the employer or employee files an appeal.

5.4 Penalties — Wis. Stat. § 109.11

Wisconsin law provides a tiered penalty structure for unpaid wages that depends on whether the employee files suit before or after the DWD investigation:

Wis. Stat. § 109.11(2)(a) — Pre-Investigation Suit. In a wage claim action that is commenced by an employee before the Department has completed its investigation, a circuit court may order the employer to pay increased wages of not more than 50% of the amount of wages due and unpaid, in addition to or in lieu of criminal penalties.

Wis. Stat. § 109.11(2)(b) — Post-Investigation Suit. In a wage claim action that is commenced after the Department has completed its investigation and its attempts to settle the claim, a circuit court may order the employer to pay increased wages of not more than 100% of the amount of wages due and unpaid. This effectively allows the court to double the award.

Wis. Stat. § 109.11(3) — Criminal Penalties. Any employer who, having the ability to pay, fails to pay the wages due and payable or falsely denies the amount or validity thereof, with intent to secure any discount upon such indebtedness or with intent to annoy, harass, oppress, hinder, or defraud the person to whom such wages are due, may be fined not more than $500 or imprisoned not more than 90 days, or both.

5.5 Wisconsin Minimum Wage — Wis. Stat. Ch. 104

Wisconsin follows the federal minimum wage floor:

• Standard Minimum Wage: $7.25 per hour (equal to the federal minimum wage).
• Tipped Employee Minimum Wage: $2.33 per hour, provided the employee regularly receives more than $30 per month in tips and total compensation (tips plus direct wages) equals at least $7.25 per hour.
• Opportunity Wage (Under 20): Employees under age 20 may be paid $5.90 per hour for the first 90 consecutive calendar days of employment.
• Student Learner Rate: $5.90 per hour for student learners enrolled in a bona fide vocational training program.

5.6 Overtime Provisions — Wis. Admin. Code DWD § 274.03

Under Wisconsin Administrative Code, most non-exempt employees must be paid overtime at a rate of not less than one and one-half (1.5) times the employee's regular rate of pay for all hours worked in excess of 40 hours in a workweek. Wisconsin also requires overtime for factory and mercantile workers who work more than 10 hours in a single day or more than 6 consecutive days in a workweek, unless covered by certain exceptions.

Exemptions apply to executive, administrative, professional, outside sales, and certain other categories of employees as defined in Wis. Admin. Code DWD § 274.04.

5.7 Wage Deduction Requirements — Wis. Stat. § 103.455

Wis. Stat. § 103.455. An employer may not make deductions from an employee's wages unless the deduction is:

• Required or authorized by federal or state law;
• Voluntarily authorized by the employee in writing;
• Made for a valid reason (e.g., insurance premiums, union dues) with written consent.

Deductions for losses, shortages, or breakage cannot reduce an employee's wages below the minimum wage. Deductions may not be imposed as a penalty or punishment.

6. DEMAND FOR PAYMENT

Based on the foregoing, the undersigned Claimant hereby demands that Employer pay the total sum of:

$[________________]

(Amount in words: [________________________________] Dollars and [____]/100)

This amount represents all unpaid wages, overtime compensation, commissions, bonuses, and/or unauthorized deductions as itemized in Section 4 above.

Payment Deadline

Payment in full must be received by the undersigned Claimant no later than:

[__/__/____]

(This date should be no fewer than ten (10) calendar days from the date of this letter.)

Acceptable Forms of Payment

☐ Certified check or cashier's check payable to [________________________________]
☐ Wire transfer to account specified in separate communication
☐ Money order
☐ Other: [________________________________]

Payment Delivery Instructions

Payment shall be delivered to the following address or by the following method:

[________________________________]
[________________________________]
[________________________________]

7. CONSEQUENCES OF NON-PAYMENT

If full payment is not received by the deadline specified above, the Claimant intends to pursue one or more of the following remedies:

7.1 Administrative Complaint with Wisconsin DWD

The Claimant will file a formal Labor Standards Complaint with the Wisconsin Department of Workforce Development (DWD), Equal Rights Division (ERD). Upon receiving the complaint, DWD will:

• Investigate the claim and attempt equitable resolution;
• Issue a determination and order within 20 days if a reasonable basis exists;
• Attempt to settle and compromise the claim;
• If unresolved, allow the employee to proceed to circuit court with eligibility for up to 100% increased wages under Wis. Stat. § 109.11(2)(b).

7.2 Civil Lawsuit — Increased Wages and Attorney's Fees

The Claimant may file a civil action in Wisconsin Circuit Court to recover:

• All unpaid wages;
• Increased wages of up to 50% of the unpaid amount if filed before DWD completes its investigation (Wis. Stat. § 109.11(2)(a));
• Increased wages of up to 100% of the unpaid amount if filed after DWD completes its investigation (Wis. Stat. § 109.11(2)(b));
• Mandatory attorney's fees and costs under Wis. Stat. § 109.03(5);
• Any other relief available at law or equity.

Strategic Note: Wisconsin law provides a significant advantage to employees who first file with DWD and allow the investigation to complete before proceeding to court, as the maximum increased wages doubles from 50% to 100%.

7.3 Criminal Prosecution

The Claimant may report the violation to the local District Attorney for potential criminal prosecution. Under Wis. Stat. § 109.11(3), an employer who has the ability to pay but willfully fails to do so, or who falsely denies wages with intent to annoy, harass, oppress, hinder, or defraud, may face:

• A fine of up to $500;
• Imprisonment for up to 90 days;
• Or both.

7.4 Federal Department of Labor Complaint

For minimum wage and overtime violations, the Claimant may also file a complaint with the U.S. Department of Labor, Wage and Hour Division.

7.5 Small Claims Court

For claims within the small claims jurisdiction ($10,000 or less), the Claimant may file in Wisconsin Small Claims Court, which provides a faster and less formal process. Attorney representation is not required.

8. WISCONSIN DWD FILING INFORMATION

Should it become necessary to file a formal wage complaint, the following information is provided for reference:

Filing Process Overview

1. File Complaint: Complete Form LS-119-E online or by mail.
2. Initial Review: DWD determines within 20 days whether the claim has a reasonable basis.
3. Investigation: If reasonable basis exists, DWD investigates and contacts the employer.
4. Settlement Attempt: DWD attempts to mediate a resolution between the parties.
5. Determination: DWD issues a determination and order if settlement fails.
6. Appeal / Court Action: Either party may appeal, or the employee may file suit in circuit court.

Important Notes:

• Filing with DWD is free of charge and does not require an attorney.
• Filing with DWD first is strategically advantageous because it enables the employee to seek up to 100% increased wages (rather than 50%) in a subsequent court action under Wis. Stat. § 109.11(2)(b).
• The 2-year filing deadline is measured from when the wages were earned, not from when the employee discovers the underpayment.
• DWD now offers online filing through its Equal Rights Division complaint portal.

9. RESERVATION OF RIGHTS

The Claimant expressly reserves all rights, claims, and remedies available under state and federal law, including but not limited to:

• Claims under Wis. Stat. Ch. 109 (Wage Payments, Claims and Collections);
• Claims for increased wages under Wis. Stat. § 109.11(2);
• Claims under Wis. Stat. Ch. 104 (Minimum Wage);
• Claims under Wis. Admin. Code DWD § 274 (Overtime);
• Claims under Wis. Stat. § 103.455 (Unauthorized Deductions);
• Claims under the Fair Labor Standards Act (29 U.S.C. §§ 201–219);
• Claims for breach of contract;
• Claims for quantum meruit or unjust enrichment;
• Claims for fraud or misrepresentation;
• Any and all other claims arising from the Employer's failure to pay wages.

Nothing in this demand letter shall be construed as a waiver of any right, claim, or remedy. The Claimant does not concede that the amount demanded herein represents the full extent of damages to which the Claimant may be entitled, including statutory increased wages, attorney's fees, and costs.

10. SIGNATURE AND VERIFICATION

I, the undersigned Claimant, declare under penalty of perjury under the laws of the State of Wisconsin that the information set forth in this demand letter is true and correct to the best of my knowledge, information, and belief.

Claimant Signature: _______________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

11. NOTARY ACKNOWLEDGMENT

STATE OF WISCONSIN
COUNTY OF [________________________________]

Before me, the undersigned Notary Public, on this [____] day of [________________], [________], personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

WITNESS my hand and official seal.

Notary Public Signature: _______________________________________________

Printed Name of Notary: [________________________________]

Commission Expiration Date: [__/__/____]

[NOTARY SEAL]

12. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of this Wage Claim Demand Letter was served upon the Employer at the address identified in Section 1 of this letter by the following method(s):

☐ Certified U.S. Mail, Return Receipt Requested
Tracking Number: [________________________________]

☐ Hand Delivery
Delivered to: [________________________________]
Date/Time of Delivery: [__/__/____] at [____:____] ☐ AM ☐ PM

☐ Email
Sent to: [________________________________]
Date/Time Sent: [__/__/____] at [____:____] ☐ AM ☐ PM
Read Receipt Received: ☐ Yes ☐ No

☐ Facsimile Transmission
Fax Number: [________________________________]
Confirmation Number: [________________________________]

☐ Other: [________________________________]

Signature of Person Effecting Service: _______________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

13. SOURCES AND REFERENCES

Wisconsin Statutes

• Wis. Stat. Chapter 109 — Wage Payments, Claims and Collections: https://docs.legis.wisconsin.gov/statutes/statutes/109
• Wis. Stat. § 109.01 — Definitions: https://docs.legis.wisconsin.gov/statutes/statutes/109/01
• Wis. Stat. § 109.03 — When Wages Payable: https://docs.legis.wisconsin.gov/statutes/statutes/109/03
• Wis. Stat. § 109.09 — Wage Claims; Investigation and Collection: https://docs.legis.wisconsin.gov/statutes/statutes/109/09
• Wis. Stat. § 109.11 — Penalties: https://docs.legis.wisconsin.gov/statutes/statutes/109/11
• Wis. Stat. Chapter 104 — Minimum Wage: https://docs.legis.wisconsin.gov/statutes/statutes/104
• Wis. Stat. § 103.455 — Deductions from Wages: https://docs.legis.wisconsin.gov/statutes/statutes/103/455

Wisconsin DWD Resources

• Wage Payment and Collection: https://dwd.wisconsin.gov/er/laborstandards/wages.htm
• How to File a Wage Claim: https://dwd.wisconsin.gov/er/laborstandards/wageclaim.htm
• Labor Standards Complaint Process: https://dwd.wisconsin.gov/er/laborstandards/complaintprocess.htm
• File a Labor Standards Complaint (Online): https://dwd.wisconsin.gov/er/complaints/labor-standards.htm
• Complaint Form (LS-119-E): https://dwd.wisconsin.gov/dwd/forms/erd/ls-119-e.htm
• Labor Standards Bureau: https://dwd.wisconsin.gov/er/laborstandards/

Federal Resources

• Fair Labor Standards Act (FLSA) — 29 U.S.C. §§ 201–219: https://www.dol.gov/agencies/whd/flsa
• U.S. Department of Labor, Wage and Hour Division — How to File a Complaint: https://www.dol.gov/agencies/whd/contact/complaints
• Federal Minimum Wage Information: https://www.dol.gov/agencies/whd/minimum-wage

Legal Aid Resources

• Wisconsin Judicare, Inc. (Legal Aid): https://www.judicare.org
• Legal Action of Wisconsin: https://www.legalaction.org
• Wisconsin State Bar Lawyer Referral Service: https://www.wisbar.org/forpublic/ineedalawyer

This document was prepared as a legal template for educational and informational purposes. It is not a substitute for the advice of a licensed attorney. The user assumes all responsibility for verifying the accuracy and applicability of this template to their specific circumstances. Wisconsin law and DWD procedures are subject to change.