How can I get unpaid wages or a withheld final paycheck in Michigan?
In Michigan, employees can pursue unpaid wages and withheld fringe benefits under the state payment-of-wages laws and related agency processes. The Labor Department can investigate complaints and act as a trustee to collect and distribute wages, and criminal penalties may apply when an employer intentionally withholds pay. Civil options may also be available, and some disputes about contract rights may proceed in court after or instead of administrative remedies.
Commonly, people begin with a written demand to the employer and may file a wage claim or complaint with the state labor department. If wages remain unclaimed for a period, state law treats certain unpaid wages as abandoned and the department has procedures for handling and distributing funds.
Current Michigan law
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The deadline that matters
Unpaid wages over $50 that remain unclaimed more than 1 year after becoming payable are presumed abandoned under Mich. Comp. Laws § 567.236.
What Michigan law says
The Payment of Wages and Fringe Benefits Act generally bars employers from withholding compensation due at termination except when a written contract or signed, voluntary statement allows it, under Mich. Comp. Laws § 408.474. The department serves as trustee to collect and distribute funds under this act, Mich. Comp. Laws § 408.487. An employer who intentionally fails to pay wages may face misdemeanor penalties, Mich. Comp. Laws § 408.485. Wages unclaimed for more than one year may be presumed abandoned when over $50, Mich. Comp. Laws § 567.236. Case law explains that statutory wage claims are enforceable through the department and may affect available court remedies, see Cockels v. International Business Expositions, Inc. and related decisions such as Cork v. Applebee's of Michigan, Inc..
What to do
A common first step is to send a clear written demand to the employer stating the amount owed and pay periods.
A common next step is to file a wage complaint with the Michigan labor department so it can investigate and act as trustee, using the procedures under the Payment of Wages and Fringe Benefits Act.
Some people opt to claim abandoned wages if the amount is over $50 and has been unclaimed for more than one year under the abandoned property statute.
In some cases, filing a civil claim in court for unpaid wages or breach of contract is an option; case law discusses when administrative remedies apply or are cumulative with court actions.
If intentional withholding is suspected, reporting to authorities is a route because the statute authorizes misdemeanor penalties for fraudulent nonpayment.
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Common questions
Can my employer keep my final paycheck if I did not sign any special agreement?
The law generally prohibits withholding compensation due at termination unless there is a written contract or a voluntarily signed statement allowing the withholding, under Mich. Comp. Laws § 408.474.
What happens if my employer refuses to pay after notice from the court?
If an employer pays wages to the court clerk in response to a court notice, that payment is treated as payment to the employee; paying wages to the employee after notice can create liability for the employer, under Mich. Comp. Laws § 600.5335.
Can unpaid wages be treated as abandoned property?
Yes, unpaid wages over $50 that remain unclaimed for more than one year after becoming payable are presumed abandoned under Mich. Comp. Laws § 567.236.
Are there penalties for employers who intentionally withhold wages?
An employer who, with intent to defraud, fails to pay wages and fringe benefits may be guilty of a misdemeanor with possible fines or imprisonment under Mich. Comp. Laws § 408.485.
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This is legal information, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
