If you’re a hardworking employee in Illinois, you expect to be paid fairly and on time for your efforts. But what happens when your employer doesn’t hold up their end of the deal? If you’re facing unpaid wages, missing overtime pay, or other payment issues, it’s important to know your rights under Illinois labor laws.
You may be feeling frustrated, stressed, and unsure of what to do next. The good news is you have options. In many cases, you can file an unpaid wages lawsuit against your employer to recover the money you’ve earned.
What Should I Do if My Employer Has Not Paid Me?
First and foremost, start gathering evidence to support your claim. This can include:
- Pay stubs showing incorrect payment amounts
- Timesheets documenting the hours you worked
- Your employment contract outlining your pay rate
- Emails or other communication about your wages
Keep detailed records of the dates and hours you worked, what you should have been paid, and what you actually received. The more documentation you have, the stronger your case will be.
How Do I File an Unpaid Wages Complaint?
Under Illinois labor laws, you have two main options for pursuing an unpaid wages complaint: filing a claim with a government agency or filing a private lawsuit.
One option is to file a wage claim with the Illinois Department of Labor (IDOL). The IDOL enforces state laws related to the payment of wages, including the Illinois Wage Payment and Collection Act (820 ILCS 115). This law sets requirements for when and how employers must pay their employees. It covers issues like pay periods, deductions from wages, and final compensation when a job ends.
To file a claim with the IDOL, you must submit a complaint form within one year of the date your wages were due. The IDOL will then investigate your claim and may help you recover your unpaid wages.
Your other option is to file a private lawsuit against your employer in civil court. In Illinois, you have three years from the date you were owed wages to file this type of lawsuit under the Illinois Wage Payment and Collection Act. This deadline is known as the statute of limitations.
An experienced local Illinois lawyer can help you decide which option is best for your situation. They can also ensure you meet all the deadlines and requirements for filing your complaint.
How Much Can I Sue for Unpaid Wages?
The amount you can recover in an unpaid wages lawsuit depends on several factors, including:
- The total amount of wages you are owed
- How long your wages have been unpaid
- Whether your employer’s actions were willful
Under the Illinois Wage Payment and Collection Act, you are entitled to recover your full unpaid wages plus damages of 5% of the underpayment per month. So, if you are owed $5,000 and your employer is two months late in paying you, you could receive an additional $500 ($5,000 x 5% x 2).
You may also be able to recover interest on your unpaid wages at a rate of 2% per month. This interest starts accruing on the date your wages were originally due.
In addition to your unpaid wages and interest, your employer may be ordered to pay penalties for violating the law. For example, the Illinois Wage Payment and Collection Act imposes a penalty of 1% of the unpaid wages per day, payable to the employee, for each day the wages remain unpaid. The law also includes a 20% penalty that employers must pay to the IDOL Wage Theft Enforcement Fund.
If you file a private lawsuit and win, the court may order your employer to pay your reasonable attorney’s fees and court costs. This ensures you can afford to hire a lawyer to protect your rights.
What Are the Legal Consequences and Remedies for Unpaid Wages?
Employers who fail to pay their workers as required by law face serious legal consequences. In addition to owing unpaid wages, interest, and penalties, they can be subject to government fines and even criminal charges.
Employers who violate the Illinois Wage Payment and Collection Act may be fined $250 for a first offense, $500 for a second offense, and $1,000 for a third or subsequent offense. Each week that wages remain unpaid counts as a separate offense.
For employers who willfully refuse to pay wages, harsher criminal penalties may apply. Unpaid wages up to $5,000 can result in Class B misdemeanor charges. Unpaid wages over $5,000 can lead to Class A misdemeanor charges. And employers with multiple violations within a two-year period may face Class 4 felony charges.
It’s important to note that employers are prohibited from retaliating against employees who exercise their rights under wage and hour laws. This means your boss can’t fire you, demote you, or take other negative action because you filed an unpaid wages complaint. If they do, they can face additional penalties.
How Can I Prove an Unpaid Wages Claim?
To win your unpaid wages case, you’ll need evidence to back up your claims. Start by gathering any documentation related to your employment and compensation, such as:
- Pay stubs and timesheets
- Bank records showing deposits from your employer
- Your employment contract or offer letter
- Any emails or texts discussing your pay
- Employee handbook detailing pay policies
- Relevant company memos or meeting notes
You may also want to keep a personal log of the hours you worked, your job duties, and any communication you had with your employer about your wages. The more details you have, the better.
In some cases, witness testimony can also help prove your claim. If you have co-workers who experienced similar overtime pay issues or can confirm your unpaid hours, let your lawyer know. They may be able to provide supporting statements.
An experienced employment attorney can help you determine what evidence you need for your claim. They can also assist you in gathering documentation and witness testimony to build a strong case.
What Kind of Lawyer Do I Need for Unpaid Wages Claims?
To protect your rights and maximize your recovery, it’s important to work with a lawyer who has specific experience handling unpaid wage claims in your area. Look for an Illinois employment attorney who regularly represents workers in wage and hour cases.
Your lawyer should have a deep understanding of the relevant state and federal laws, including the Illinois Wage Payment and Collection Act, the Illinois Minimum Wage Law (820 ILCS 105), and the federal Fair Labor Standards Act. These laws set requirements for minimum wage, overtime pay, employee classifications, record keeping, and more.
In addition to knowing the law, your lawyer should be familiar with the local court system where your case will be filed. Procedures, judges, and juries can vary significantly from county to county. You want an attorney who knows the ins and outs of practicing in your specific location, whether that’s Chicago, Springfield, or elsewhere in Illinois.
Many employment lawyers offer free initial consultations so you can get to know them and learn about your options without any upfront cost. Take advantage of these meetings to ask questions, share your story, and find the right fit for your needs.
If you’ve been the victim of wage theft in Illinois, you have the power to fight back. State and federal laws provide strong protections for workers, including the right to recover unpaid wages, interest, penalties, and attorney’s fees.
Don’t let fear or uncertainty stop you from getting the compensation you’ve earned. If you believe your employer has failed to pay you properly, reach out to a knowledgeable lawyer today using LegalMatch. The sooner you act, the sooner you can start building a strong case and moving forward with your life.
With the right legal support and a commitment to standing up for your rights, you can hold your employer accountable and get the wages you deserve. Remember, the law is on your side, and you don’t have to face this challenge alone.
