Employment Law

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What should I do if my employee is not giving me my final…

Customer Question
What should I do...

What should I do if my employee is not giving me my final paycheck

Lawyer's Assistant: Have you documented this or discussed it with HR?

I discussed it to hr manager but sh's saying she mailed it to me but I haven't got it

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

It was full time emploement

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I was accused of something I didn't do and they fabricates the evidence of my wrong doing and when I aske for the evidence( the video taped one), they are refusing to show me the evidence

Submitted: 7 months ago.Category: Employment Law
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Answered in 3 minutes by:
12/2/2017
Employment Lawyer: Loren, Lawyer replied 7 months ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,737
Experience: More than 30 years in legal practice.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

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Employment Lawyer: Loren, Lawyer replied 7 months ago

Which state?

How long since you left?

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Customer reply replied 7 months ago
Illinois
Fired about threedays ago
Employment Lawyer: Loren, Lawyer replied 7 months ago

Thank you for the additional information.

Generally, under 820 Ill. Comp. Stat. 115/5, an employer must issue a final paycheck to a terminated employee at the time of termination, or, if that is not possible, on the next regularly scheduled pay date. Likewise, an employee who quits his or her job is entitled to a final paycheck immediately, or, no later than the next regularly scheduled pay date.

If they have not paid you by the next scheduled pay date then you should file a wage claim with the Illinois Dept of Labor.

See the following link for the claim form and instructions:

IL WAGE CLAIM

If you prevail then you may be awarded punitive damages and attorney fees.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Employment Lawyer: Loren, Lawyer replied 7 months ago

Did you have further questions? Have I answered your question? Please let me know.

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Employment Lawyer: Loren, Lawyer replied 7 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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