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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 37062
Experience:  30 years in Employment law
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In Dec. 2014, I was called by my client's family asking if I

Customer Question

In Dec. 2014, I was called by my client's family asking if I could care for her. She was at her Florida home and her Blood Sugar had gone over 900, and she was getting out of ICU. I was happy to accommodate the family and let them know that I was a retired RN and had not renewed my license, but the family was not concerned with this at all.
On Nov. 27, 2015 I was terminated with no reason given. A short termination letter was handed to me, with no signature. I asked why I was being terminated and was told, "It's not working out", and "I really don't want to go into it at this time". I was escorted out the door.
I had been a caregiver for an 82 year old brittle diabetic with Alzheimer's and many other comorbiditues since Dec. of 2014, and took excellent care of the client. Her health in fact improved. Her daughters had been regularly difficult to work with and one had been made POA over healthcare, which all 3 daughters took to mean they could make all decisions regarding the client, even though she had short term memory loss, but had never been declared incompetent. I have witnessed many instances where the daughters have badgered/bullied the client into doing what they want and have logs with all documented.
I am asking what recourse I might have, as I still have not received my final paycheck, which I was to have received on Dec. 4, 2015? I have contacted the trustee and been given the run around.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

File a paycheck complaint here with the Illinois Department of Labor.They will get you paid and employer here can be fined. As a last resort you can sue the trust here in small claims and the trustee.

But get the state involved, this is likely to get you paid pretty quick.

I am so sorry you were mistreated this way.Please file a complaint for payment.

https://www.illinois.gov/idol/Pages/Complaints.aspx

Expert:  Ray replied 1 year ago.

Form to file

https://www.illinois.gov/idol/Laws-Rules/FLS/Pages/wage-payment-collection.aspx

(820 ILCS 115/5) (from Ch. 48, par. 39m-5)
Sec. 5. Every employer shall pay the final compensation of separatedemployees in full, at the time of separation, if possible, but in nocase later than the next regularly scheduled payday for such employee.Where such employee requests in writing that his final compensation bepaid by check and mailed to him, the employer shall comply with thisrequest.
Unless otherwise provided in a collective bargaining agreement, whenevera contract of employment or employment policy provides for paid vacations,and an employee resigns or is terminated without having taken all vacationtime earned in accordance with such contract of employmentor employment policy, the monetary equivalent of all earned vacationshall be paid to him or her as part of his or her final compensationat his or her final rate of pay and no employment contract or employmentpolicy shall provide for forfeiture of earned vacation time upon separation.
(Source: P.A. 83-199.)