Illinois Employment Law: Employer Will Not Pay Last Paycheck

 
 

 

My friend just recently got hired and his company’s employment policy and says that if employees fail to give a two week resignation notice they will not receive their last paycheck.

I was wondering if something like that is legal? If that helps the state the company is in is Illinois.

 

 
 
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2 Responses to Illinois Employment Law: Employer Will Not Pay Last Paycheck

  • For clarification, you would need to contact IDOL http://www.state.il.us/agency/idol/index.htm But, I did a little poking around for you. In my personal opinion, I don’t think withholding a final paycheck is legal.

    How soon after I quit/fired do I have to be paid?

    All final compensation, including bonus payments, vacation pay, wages and commissions must be paid on your next regularly scheduled payday. For more information, click here. 820 ILCS 115/5. http://www.state.il.us/agency/idol/faq/qawage.htm

  • Artemis Agrotera says:

    It depends. Did your friend sign an agreement that made the two week notice requirement a condition of employment? If so, then it could potentially be enforceable . . . though if I was the attorney for this company I would NOT have advised them to include this in their policy because it would be a tough one to enforce.

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