If I file a wage claim, am I guaranteed a hearing to present my position?
No. Hearings are not required in each case. The Department's legal staff will determine if a hearing is necessary. 56 Ill. Adm. Code 300.950.
Do I need to bring an attorney with me to the hearing?
Only you can answer that question. While attorneys are not required, the regulations allow for both parties to be represented by a licensed attorney. Attorneys are not provided by the Department for either party. 56 Ill. Adm. Code 300.980.
I will be unable to attend the hearing on the date and time set by IDOL, how do I request a continuance?
Continuances are not granted prior to the hearing, unless both parties agree in writing and the hearing officer permits such a continuance. Otherwise, a request for a continuance must be made in person to the hearing officer at the time of the hearing and is granted only upon a showing of good cause. 56 Ill. Adm. Code 300.960.
I will be physically unable to attend the hearing, may I participate by phone?
The Department does not routinely hold hearings by telephone. Written requests to participate by telephone must be received by the Department's Chicago office no later than 7 days prior to the hearing date. The Request shall be prominently marked "REQUEST FOR TELEPHONE HEARING" on both the letter and envelope. Such request shall be typewritten or clearly written and shall contain a compelling reason why the party needs to participate by telephone and the name address and telephone number of the person to be contacted. 56 Ill. Adm. Code 300.1000.
If I disagree with the determination made at the hearing what procedure do I follow to have that decision reviewed?
Request for Review or an appeal of a hearing officer's determination must be made in writing to the Chief Hearing Officer at the Department's Chicago office within 15 days of the decision. The request must set forth the reasons why the party believes the hearing officer misconstrued the evidence or misapplied the law to the facts,and any newly discovered evidence which the party could not have discovered by the hearing date or, if applicable, why the party failed to attend the hearing. 56 Ill. Adm. Code 300.1020.