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Barred from premeses possibly denied prompt payment of final wages Chicago Illinois

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  • Barred from premeses possibly denied prompt payment of final wages Chicago Illinois

    Hello all,

    A few days ago, I got a new job, and quit my old one (on the spot, after showing up to inform them that I couldn't work there that day, or any day after). Friday (today), was supposed to be payday where the employees get their checks handed to them, and go across the street to the bank to deposit them.

    Yesterday, my former boss sent me a text message "Your check will be mailed to whatever address you provided. You are not welcome to come inside this building anymore", meaning that I cant pick up my check. I suspect there may be some funny business about getting my check to me in a prompt fashion (I really, really need the money to pay rent, and for transit to new job).

    After doing some searching of the Illinois General Assembly wage law section, specfically 820 ILCS 115/5 ( http://www.ilga.gov/legislation/ilcs...2&ChapterID=68 ) , the statute says :

    " Sec. 5. Every employer shall pay the final compensation of separated employees in full, at the time of separation, if possible, but in no case later than the next regularly scheduled payday for such employee. Where such employee requests in writing that his final compensation be paid by check and mailed to him, the employer shall comply with this request. "

    It makes no reference to what "next regularly scheduled payday" refers to -- the next payday after resignation/termination, or another pay cycle after the next coming cycle?
    I'm really afraid my former boss is going to try and deny me from getting my check promptly (even though it was an amicable seperation).

    Any thoughts, ideas, questions? I'd like to be able to recover the check today, but I definitely dont want to make a scene, or worse, get ticketed/arrested for potential trespass.

    --yesChef

  • #2
    It means the next regularly schedule payday after your last day of work, and as long as they mail your your check and it is postmarked on or before that day, they will be considered to be in compliance with the law.

    They have no legal obligation to allow you on the premises.
    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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    • #3
      Agreed. Policy is both legal and common.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        That's what I had suspected, but wasn't sure. I may be late on my rent (with possibility of eviction), if I don't receive the paycheck promptly. Hence the concern. Thank you very much for your responses!

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        • #5
          The good news is that if he doesn't mail the check, your state is one of the more responsive to wage claims.
          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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          • #6
            A lot of employers will not let you back on the premises after you quit or are terminated by them. It seems your employer will send you your check. If they don't, file a wage claim with your state DOL.
            Last edited by Betty3; 09-11-2015, 09:12 PM.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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