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Willfully Not Paying an Employee

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  • Willfully Not Paying an Employee

    In Illinois, is an employee who has not been paid from his employer entitled to any interests or penalties. My employer has neglected to pay me for work that was performed as per the owner's directive. Most states will allow for the employee to collect up to three times his/her wages if the employer willfully withheld payment due to their employees.
    Any and all replies are greatly appreciated. Mike

  • #2
    Not through the state Dept. of Labor, at least that would be payable to you. It's possible that IL may allow that if a civil suit is brought. Of course, filing with the DOL costs nothing. An attorney will.
    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
      It's also not even remotely accurate to say that MOST states allow you to collect up to three times his/her wages. A very quick review showed three such states, plus a couple more that says double. Many states do not allow any additional recovery to the employee at all, but the employer is charged a fine payable to the state. Illinois appears to be one of the possibly up to double states.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        Willfully not paying an employee

        Let me apologize for the quote that most states allow 3 times the amount that is owed. My Bad!
        I am not trying to get anything more than what the employer owes me. I just want to find some info that would help me in collecting my wages. Being from New Orleans, I went through alot of losses with Hurricane Katrina and I can't afford to (nor should anyone) have my wages withheld intentionally. I did what I was told to do and my employer does not want to pay me because he did not get paid from the client that he sent me to work for, the employer at the time did not have a valid contract with the client.
        With all that being said, may I ask, Can I file a claim with the Illinois Department of Labor via the internet. I have all contracts and instructions giving to me by the company on my laptop.
        Thank You pattymd & cbg for replying, I really appreciate the help. Mike

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        • #5
          It appears that you can file online.
          http://www.ides.state.il.us/individual/default.asp
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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