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Taking hours and money from check Illinois

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  • Taking hours and money from check Illinois

    In November of 2005 I started work at a liqour store as a cashier. When I started I was given a bank to put in the register and told never to count it. Same thing for when I got off shift. Never knowing what I had when putting it in the register and taking it out. After a year everything was fine, but after that I was getting accused of the register being short. The first couple times it was okay. She never asked me to pay. I also want to add that sometimes I wasn't the only one on the register.

    So about 7 months ago it was getting bad. There were signs all over the place saying that if anyone is caught counting their drawer they were to be terminated immediately. I worked extra hours and overtime and was starting to notice that it wasn't on my check. One time I got my check and saw that 5 hours of extra work wasn't on it. She said she forgot and would put it on the next check. Get the next check and still not there. I ask her again. She tells me that my register was short again and just took it out of my check. I didn't argue I just let it be. But then I found out a couple days later it was illegal to do so. Because she never asked me, AND she never put it on my pay stub under deductions. So a month later I get a schedule that is for 2 weeks. Work the first one, get my check, everything is fine. Get my second check, I'm short 12 hours. I call her and tell her that I'm short 12 hours, she gives me a snobby attitude and says "ok?", she claims that she has papers and proof on her desk. The next day never shows me anything. This goes on for a week. And once again, there is nothing under deductions on my pay stub and never bother to ask me first before doing it.

    After that I called off on a saturday because I was debating on going to the hospital (I can't count how many times I've gone due to back and knee problems). I left her a couple messages and see's like it would be okay since I called 2-3 hours before having to be there. I go to sleep. The next day I see she called a couple times and I try calling her back, no answer. Still in pain and sore I go to work for my shift and see someone is already there. The girl leaving takes me outside and tells me that my boss called her earlier telling her that I was fired and that my shift for the week was filled. I called her numerous times, left thousands of messages. She never called me back.

    Now I'm stuck here. I filed for unemployment. I first said I quit because I was never told by her that I was fired. Even though I feel I was more forced out than anything. I tell unemployment that she was taking money illegally. I show them every single schedule and stub and they tell me I have no proof because she never placed anything under deducations. So they denied me benefits. Now I have to appeal and who knows how long this will last.

    Does anyone have any advice on what I should do? I feel like I'm eading straight to a dead end. I don't have any other proof than stubs and schedules.

    Anyone that responds thank you so much.

  • #2
    The employer cannot make deductions from your paycheck in Illinois without your written authorization. See the Illinois wage payment act here:
    http://www.ilga.gov/legislation/ilcs...lection+Act%2E

    You can file a claim for the improper deductions/nonpayment of wages with the state Dept. of Labor.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      If your manager is not the owner of the establishment I would take it up with them. In my opinion it sounds like the management is stealing and blaming it on employees. A local place of business had this problem several years ago. The managers would short the drawers before shifts and of course the highschool students never thought to count their drawers.

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      • #4
        Originally posted by dwilborn283 View Post
        If your manager is not the owner of the establishment I would take it up with them. In my opinion it sounds like the management is stealing and blaming it on employees. A local place of business had this problem several years ago. The managers would short the drawers before shifts and of course the highschool students never thought to count their drawers.
        That's not impossible, but accusing the management of "stealing" in this manner is a good way to get fired and such firing would be perfectly legal. IMHO, better to handle the actual issue by filing the claim with the proper regulatory authority (which is generally protected under whistleblower laws). Let the DOL sort it out; that's their job.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Originally posted by Pattymd View Post
          That's not impossible, but accusing the management of "stealing" in this manner is a good way to get fired and such firing would be perfectly legal. IMHO, better to handle the actual issue by filing the claim with the proper regulatory authority (which is generally protected under whistleblower laws). Let the DOL sort it out; that's their job.

          If I understand correctly employement has already been severed, though I am not quite clear by whom.

          Another indication of dishonest management in my opinion is how the dismissal was handled. Seems they are afraid to confront someone who is asking to many questions.

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          • #6
            So why exactly did the state say your benefits were denied? Did the employer say you quit and they agreed? I'm not quite following the whole story.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              When I filed for unemployment I said I quit, when I really should of put that I was fired, so that was my mistake right there. When I went to work that day and was told by another employee that I was fired, I tried to call her numerous times to get an explination, I wanted to hear this from her, not from an employee. So I figured that since I was never verbally told by her, herself that I just considered that I quit since I was even debating on showing up that following day to work but didn't.

              This whole process has been nothing but a rollercoaster ride. After the telephone hearing I got the letter saying I was denied because of medical papers, which are legal. Just some stupid BS. She even admitted during the phone hearing that I was fired. Actually, bringing me to another issue, I brought up the fact that I also quit because of hear taking money out of my checks, they brought that subject up for a brief second and that was over and done with. I don't understand any of it. I would have to get the papers and read them to better explain everything.

              But I filed again to the board of review. Now here is a new problem. All of the papers that she submitted to the referee, I never received. I was told by someone working at unemployment that when I file to appeal to make that point number 1. I did that.

              I just got the decision the other day in the mail and I got denied again because they went based upon what she said and everything she submitted when it should of been thrown out.

              Now i have to file to the circuit court and I am getting pretty sick and tired of all of this.

              I got a letter from DOL and they sent something to her but I know that this is going to take forever as well.

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