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Employer withholding final check Michigan

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  • Betty3
    replied
    You're welcome.

    Leave a comment:


  • samanthamcvety
    replied
    Thank you!

    This is exactly what I needed. Thank you so much.

    Leave a comment:


  • Betty3
    replied
    Here's the complete code:

    408.475 Payment of wages to employee voluntarily leaving employment; payment of wages to employee discharged from employment; exception.

    Sec. 5.

    (1) An employer shall pay to an employee voluntarily leaving employment all wages earned and due, as soon as the amount can with due diligence be determined. However, an employer shall pay all wages earned and due to an employee engaged in any phase of the hand harvesting of crops as soon as the amount can, with due diligence, be determined, but, in any event, not later than 3 days after the employee's voluntary termination of employment.

    (2) An employer shall immediately pay to an employee who has been discharged from employment all wages earned and due, as soon as the amount can with due diligence be determined.

    (3) This section shall not apply to an employee working under contract who either voluntary leaves employment or is discharged from employment if the amount due cannot be determined until the termination of the contract. In such cases, the employer shall pay to the employee under the provisions of section 2 all wages earned by the employee as nearly as they can be estimated. Final payment shall be made in full at the termination of the contract.


    History: 1978, Act 390, Imd. Eff. Aug. 1, 1978
    Compiler's Notes: For creation of bureau of worker's and unemployment compensation within department of consumer and industry services; transfer of powers and duties of bureau of worker's compensation and unemployment agency to bureau of worker's and unemployment compensation; transfer of powers and duties of director of bureau of worker's compensation and director of unemployment agency to director of bureau of worker's and unemployment compensation; and, transfer of powers and duties of wage and hour division of worker's compensation board of magistrates to bureau of worker's and unemployment compensation, see E.R.O. No. 2002-1, compiled at MCL 445.2004 of the Michigan Compiled Laws.For creation of the new wage and hour division as a type II agency within the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of the former wage and hour division of the department of consumer and industry services, transferred to the bureau of worker's and unemployment compensation, to the new wage and hour division within the department of labor and economic growth by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.




    http://www.legislature.mi.gov/(S(odv...me=mcl-408-475
    Last edited by Betty3; 12-03-2010, 06:38 PM.

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  • Betty3
    replied
    Per my reference Michigan final paycheck: Employers must pay all wages earned
    as soon as the amount can with due diligence be determined.
    MCL 408.475 is the code given.

    Leave a comment:


  • samanthamcvety
    started a topic Employer withholding final check Michigan

    Employer withholding final check Michigan

    My previous employeer is with holding my final check. I was not aware until today (Friday, 12/03/10) which was supposed to be my payday. I received a letter informing me that they will not be mailing my check until Dec 10. I found an article stating that "Michigan payroll law requires that involuntarily terminated. Employees must be paid their final pay immediately, or as soon as amount due is determined and that voluntarily terminated employees must be paid their final pay when amount is determined."

    Is this accurate? Does anyone know exactly where I could find this law? I want to go in on Monday and deal with this but I need backup. Any help? Thanks.
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