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Tina
Tina, Lawyer
Category: Employment Law
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Experience:  JD, BBA, recognized by ABA for excellence.
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My employer offered me $500 month to go toward insurance (since

Customer Question

My employer offered me $500 month to go toward insurance (since they are too small to offer me bennefits) and commission. I worked for them for 6 months. They never paid me commission and they only paid me the $500 month for two months. I have the confirmation of the job offer in writing via an email. They owe me over $3,000. I am having trouble getting them to pay me. In the state of Illinois am I entitled to attorney fees if I have to go that route or any other compensation since I left in March.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

The employer never provided you with a notice that they were reducing your pay or discontinuing the $500 benefit payment? Have they indicated why they have not paid you as previously agreed?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

They verbally discussed that things were tight so I let it go. They did have to lay me off on March 8, 2013 because of finances but on March 10th they came up with an alternative which was a part time position with a low base plus a higher commission which they put in writing.

Expert:  Tina replied 1 year ago.
Hello again, Beth. Thank you very much for clarifying the situation.

It does appear that the employer owes you wages based on the previous agreement, which was just revised last month. Their failure to pay wages when due would normally constitute a violation of state law and provide you with grounds to pursue a wage claim against them.

Here is a link which provides information on filing a wage claim with the state DOL, which has the authority to investigate and possibly collect the wages owed on your behalf at no cost to you.

http://www.illinois.gov/idol/FAQs/Pages/wage-claim-hearing-faq.aspx

If you retain an attorney to pursue the claim, attorneys fees are generally not recoverable through a lawsuit, so it is usually best to pursue a wage claim through the state agency first. If you have reason to believe the employer may retaliate against you for pursuing your rights, then it would be preferable to retain an attorney in an effort to retain your employment.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina


Tina, Lawyer
Category: Employment Law
Satisfied Customers: 32451
Experience: JD, BBA, recognized by ABA for excellence.
Tina and 9 other Employment Law Specialists are ready to help you
Expert:  Tina replied 1 year ago.

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10). It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by going to your “My Questions” page and clicking on “Request Tina again” next to my photo. I look forward to hearing from you.

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Tina
Employment Lawyer
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JD, BBA, recognized by ABA for excellence.