What is the timeline before I report my last employer to the labor department because of non-payment?

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What is the timeline before I report my last employer to the labor department because of non-payment?

I was laid off and had not taken a vacation in over 2 years. I was employed for 11 years with the same company. I have not received my last 2 checks or payment including vacation time unused. The company has paid their other employees. When I call to ask about payment they put me on hold and never return to the phone. I was aid off almost a month ago.

Asked on August 23, 2011 Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Many states have enacted what are known as "final paycheck laws" in order to help give employees that are fired or layed off some leverage in obtaining their last pay checks after leaving their employer.  Michigan has indeed enacted a set of laws that apply.  Under the Michigan statutes, the final pay check must be given to an employee on the next scheduled pay day regardless if the employee was fired or left voluntarily.  It is codified under the following statute in Michigan:  Mich. Comp. Laws §§ 408.474, 408.475.  Your employer seems to have violated the laws here.  I would contact the Department of Labor and file a complaint.  See of that gets them moving.  Otherwise, you can sue in small claims court.  Good luck.


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