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Wisconsin final paycheck law

In Wisconsin your final paycheck is due by your next regular payday, whether you quit or were fired — so the date depends on your pay schedule.

Verified against Wisconsin DWD — Wage Payment and Collection.

Your separation

Only states verified against their own statute are listed.

How did the job end?
Your pay schedule — required in Wisconsin

Wisconsin ties the deadline to your regular payday, not to your last day. We cannot work out the date without it.

PTO policy
Your deadline
Enter your pay schedule
This deadline depends on your pay schedule.

What you are owed

Unpaid straight time38.00 hrs at $22.00
$836.00
Unpaid overtime1.5× rate
$132.00
Unused PTONot owed under Wisconsin law or your answers
$0.00
Commission or bonusPaid with final wages
$0.00
Gross owed$968.00
PTO payout is not automatic hereNo Wisconsin law requires vacation. If your employer has a written vacation policy without a written forfeiture policy, earned unused vacation generally must be paid.

The deadline, and what it depends on

By your next regularly scheduled payday. The date depends on your pay schedule, not on when you were let go.

It depends on your pay schedule, not on the day you left. Two people who leave on the same day can have deadlines a week or more apart.

Wisconsin employers must pay at least monthly, so the next payday is never more than 31 days away. If you quit without following a notice policy you were told about, the final paycheck may be reduced. The Department accepts claims for commissions, vacation pay, severance and bonuses.

What “next regular payday” means

“Next regular payday” means the next date your employer would normally have paid you had you stayed. It is not a fixed number of days: paid weekly, it is at most a week away; paid monthly, it can be a month.

That is why the calculator asks for your pay schedule first. Take any recent payday from a pay stub and it works out the date for you.

Unused PTO — is it owed?

Only if your employer's written policy or agreement promises it. No Wisconsin law requires vacation. If your employer has a written vacation policy without a written forfeiture policy, earned unused vacation generally must be paid. Check your handbook, offer letter or any PTO policy you signed; if it says accrued time is paid out, that promise is enforceable.

What happens if they are late

If the employer still refuses to pay after a Department determination, a court may add increased wages of up to 100% of the wages due, plus attorney's fees and costs (Wis. Stat. 109.11).

How to file a claim in Wisconsin

Ask the employer first; if unpaid after 6 days, file a Labor Standards Complaint with Wisconsin DWD, Equal Rights Division, within 2 years. Filing is free, and you do not need a lawyer.

  1. Ask in writing first. Email creates a dated record.
  2. Send a short demand letter naming the amount, the deadline, and any penalty that applies in Wisconsin.
  3. File the wage claim. Keep copies of pay stubs and your schedule — the time card calculator can total the unpaid hours for you.

Wisconsin final paycheck: common questions

Can they hold my last check until I return my equipment?

No. In Wisconsin your final wages are due by the deadline on this page whether or not you have returned a laptop, uniform or keys. Your employer can ask for the equipment back or pursue its cost separately, but federal law bars deductions for it that would cut your pay below minimum wage or eat into overtime.

Do I get paid for unused vacation?

Only if your employer's written policy or agreement promises it. No Wisconsin law requires vacation. If your employer has a written vacation policy without a written forfeiture policy, earned unused vacation generally must be paid. Check your handbook, offer letter or any PTO policy you signed; if it says accrued time is paid out, that promise is enforceable.

What if I quit without notice?

It can cost you. Wisconsin's labor department says that if your employer has a resignation notice policy, you were told about it, and you did not follow it, your final paycheck may be reduced. Otherwise final pay is due on the regular pay schedule, exactly as if you had given notice. Check your handbook for any notice rule.

When is my final paycheck due in Wisconsin if I am fired?

By your next regularly scheduled payday. The date depends on your pay schedule, not on when you were let go. Everything you earned is due on that deadline, along with any unused vacation your state or your policy makes payable.

What happens if my final paycheck is late in Wisconsin?

If the employer still refuses to pay after a Department determination, a court may add increased wages of up to 100% of the wages due, plus attorney's fees and costs (Wis. Stat. 109.11). Ask the employer first; if unpaid after 6 days, file a Labor Standards Complaint with Wisconsin DWD, Equal Rights Division, within 2 years.

Spotted something wrong? Report an error.

Other states that also tie the deadline to your next payday: Delaware, Illinois and Kansas.