What can I do if I believe I am owed wages, vacation, bonus, commissions or final compensation?
You may file a claim with the wage claims division of the Illinois Department of Labor.
How long do I have to file a claim?
Complaints shall be filed within one year after the wages or final compensation were due. The Department will limit its investigation to reviewing the 3 years prior to the date the complaint was filed. 56 Ill. Adm. Code. Section 300.940
What documents should I include with my claim?
For all claims: copies of paychecks, paystubs, W2's 1099's or any other documentation that has the name of the employer and your rate of pay.
- For Vacation claims: Attach a copy of vacation policy or an explanation of the policy.
- For Bonus claim: Attach a copy of the bonus agreement or an explanation of the policy.
- For Commission claims: Attach a copy of the commission agreement or an explanation of the policy.
- For Illegal Deductions: Attach a copy of documentation that shows the deduction (example paystubs or a letter authorizing the deduction.)
What happens after I file a wage claim with IDOL?
- The Department will review your claim for completeness, timeliness, and, to make sure the Department has jurisdiction.
- If the Department accepts your claim, your employer will be notified of your claim and the dollar amount you are claiming.
- If the employer refuses to pay and disputes the claim, they are required to provide a written response to your claim.
- If necessary, you will be notified of the Employer's response and asked to respond to provide additional evidence.
- The Department will review your additional evidence and determine whether a hearing is needed to determine whether you are owed wages or final compensation.
- If a hearing is scheduled you will be notified in writing at the address you provided 30 days prior to the date of the hearing.
You must respond to all Department inquiries and attend your hearing in order for the Department to resolve your claim. 56 Ill. Adm. Code 300.940-300.1020.