Employment Law

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I fired someone, and he refused to give back company

Customer Question
I fired someone, and...

I fired someone, and he refused to give back company paperwork that's considered my property.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

He wanted his last check but I told him I need the paperwork. Against my wishes, I sent him his final check a day late

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

Illinois

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

He's threatening to go to the labor board. im worried

Submitted: 5 months ago.Category: Employment Law
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Answered in 11 minutes by:
12/19/2017
Employment Lawyer: Phillips Esq., Attorney-at-Law replied 5 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 21,696
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Employment Lawyer: Phillips Esq., Attorney-at-Law replied 5 months ago

I am sorry to read about your difficulties.

I have carefully reviewed your post. However, I did not see a specific question. What is your specific question?

Also, why did you say that you paid the ex-employee a day late?

Kindly explain.

Thank you for your cooperation.

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Customer reply replied 5 months ago
People are telling me not to worry because he will cashes it
Customer reply replied 5 months ago
I fired somebody and he refused to hand i. Our company paperwork considered our property.
I was told ii can hold his last check because of that.
I then decided to send it a day after his payday just because i felt it wasnt right.
Can i get in trouble?
Customer reply replied 5 months ago
I also want to add he was hired as a contractor if that changes anything
Employment Lawyer: Phillips Esq., Attorney-at-Law replied 5 months ago

Thank you for the information.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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Employment Lawyer: Phillips Esq., Attorney-at-Law replied 5 months ago

Thank you for the information.

If you have already paid him, albeit late, you would not get in trouble.

Also, because he is a contractor, IL Department of Labor is unlikely to entertain any complaint regarding his wages. He would have to go to Court and file lawsuit against you for breach of contractor. Click here for frequently asked questions on IL Wage Payment and Collection Act. In any event, if he has already been paid, I do not see any damages.

Best wishes,

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

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Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 21,696
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Experience: B.A.; M.B.A.; J.D.

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