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Husband not paid wages for 1 month (two pay periods) Illinois

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  • Husband not paid wages for 1 month (two pay periods) Illinois

    My husband is a salaried employee at a non-for-profit organization. He has not received a paycheck for one months (two pay periods). He is the only full time staff member and he has suggested to the organization that due to its financial situation they become a board run organization until the situation changes. However they are refusing to do this and will not lay him off. They pay into unemployment insurance and he would be able to collect some amount of unemployment if laid off. Is there a time period of non-payment of wages that he is considered no longer an employee or defacto laid off?

    I did read about filing a claim for the missing wages with the Illinois Department of Labor, which he may have to do at some point. I would just like to know if there is some point where they can no longer say he is their employe because they have not paid him for consecutive pay periods.

    TIA

  • #2
    If he is showing up and performing work for them, he is an employee. He can not get UC if he is still actively working for them. If they have asked him to not report for work or he decides to leave their employ due to non-payment, then you can file a claim for UC.

    Until then, your only recourse is to file a clain with the DOL for unpaid wages.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      Illinois recently amended their laws on wage payment, effective January 2011. You might find the following fact sheet very helpful in deciding whether or not to file a claim:

      http://www.state.il.us/AGENCY/IDOL/f..._FactSheet.pdf

      Here's a link on how to file a claim:

      http://www.state.il.us/agency/idol/laws/Law115.htm

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      • #4
        Maybe be past time for the employee to start looking for another job.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          thanks

          Husband has been looking for a job for several months now - as much as he can while continuing to work. Unfortunately, job market for a manager/administrator for non-for-profit arts organizations (not that he is solely looking within that field) are few.

          Thanks for the feedback JJ Brown. I did see that they had changed the law.

          I have been telling him to leave for a while now, but he feels a sense of obligation to the part-time contract employees. They have all just recently finished their contracts as a large part of their programing is cyclical - so maybe he won't feel as bad leaving now, looking for a job full time and filing a claim to get his wages. Of course they literally have no money, so I doubt it'll ever get paid.

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