Employment Law/pay check


in wisconsin how long can you hold an employees paycheck when they never showed for work or called for all i know they left the country

It becomes unclaimed property and must be reported to the State of Wisconsin after 1 year.

There are due diligent steps you must go through before reporting this payroll check.

You can find all the rules here:


Identify the unclaimed property to be filed with the
Wisconsin Department of Revenue. This includes
property that has reached a dormancy period of
5 years for savings accounts, checking accounts
and cashiers checks, or a 1 year dormancy period
for payroll checks and utility refunds. A complete
list of Property Types and Dormancy Periods can 1 be found on page 7 for detailed information.
Try to locate the owners of the unclaimed
property you have identified as abandoned if the
value is $50+. You can do this by sending a letter,
via first class mail, to the owner at the owner’s
last known address during the legal notification
period (also known as the due diligence). For
properties that will be reported on November 1,
attempt to locate the owners between July 1 and
September 1. A sample Owner Notification letter is
shown on page 6 and is automatically generated

The above is from the Wisconsin Department of Revenue Unclaimed Property Guide.


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Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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