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Kevin O'Flaherty
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In Illinois, when an employee is terminated, the employer is required to make full payment of all amounts due to the employee at the next scheduled payroll. This may include compensation for unused vacation days, but typically does not include compensation for unused sick days or holidays (unless otherwise contracted).
If the employer fails to timely pay the full amount due to the employee, the Illinois Wage Payment and Collection Act provides that the employee is entitled to recover:
- The full amount of pay due and owing;
- Attorney fees and court costs expended in collecting such amount; and
- A penalty equaling 2% of the unpaid wages for each month that the wages remain unpaid.
You can find an excellent FAQ regarding the Wage Payment and Collection Act here, at the Illinois Department of Labor's website.
Disclaimer: The information provided on this blog is intended for general informational purposes only and should not be construed as legal advice on any subject matter. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. Each individual's legal needs are unique, and these materials may not be applicable to your legal situation. Always seek the advice of a competent attorney with any questions you may have regarding a legal issue. Do not disregard professional legal advice or delay in seeking it because of something you have read on this blog.
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