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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 27251
Experience:  Former judicial law clerk, lawyer
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My pay check is late, I left the office yesterday tock my things

Customer Question

My pay check is late, I left the office yesterday tock my things tock the files that I was working on. I tock the office keys and told my boss if I don't have my pay by 9:15 they will get a call from my attorney. I was not there for 90 days as yet can I get in trouble for removing the files I was working on and leaving with the keys?
Submitted: 5 months ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 5 months ago.
Hi, I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened. 820 ILCS 115/4 dictates when employees must be paid. Employees paid twice a month must receive their check within 13 days of the end of a pay period. Employees paid weekly must be paid within 7 days after a pay period ends. They have 5 additional days to pay you if you weren't at work when the check was due. You're allowed to make a written request that they mail you the check in that scenario. An employee's recourse when an employer does not pay them is to file a wage claim with the state or to file a lawsuit. If you are not generally permitted to take files with you when you leave, you could unfortunately be disciplined or even fired for doing so. The same is true with the keys. Their legal wrong in not providing a paycheck when due does not give you the legal right to interfere with the operation of the business. Worse, if they have to pay for new keys or to change the locks because you took the keys when you left, you could be held liable for that. Here is more information on how to file a wage claim to get your check. If the state orders them to pay you, then you could be entitled to an additional 1% penalty for each day your wages remain unpaid. If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.
Expert:  Lucy, Esq. replied 5 months ago.
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