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What Types of Wage Claims Can I File With the Illinois Department of Labor?

On Behalf of | Apr 28, 2016 | Firm News

The Illinois Department of Labor investigates a variety of wage claims made by employees against their employer. The types of claims employees may bring to the attention of IDOL include owed wages, vacation pay, bonuses, commissions, and final compensation.

Employees thinking about these types of claims should understand there are various forms, documents, and time deadlines they must navigate in order to have a successful resolution to their case. Having an attorney from the onset of a claim can help employees give them a better chance of getting the wages they are owed and holding employers accountable for their conduct.

Time deadlines and necessary documents in Illinois wage claims

Employees making wage claims against their employer have one year from the alleged incident to file their claims, otherwise they may not have legal recourse to collect their back pay and benefits. In accordance with 56 Ill. Adm. Code. Section 300.940, IDOL will look back as far as three years from the time of the incident to investigate the allegations.

Vital documents that should be submitted with claims brought to IDOL include copies of the employee’s paychecks and/or pay stubs, W2s, 1099s, and any other financial documents related to employment and rate of pay.

Depending on the type of wage claim, employees should be prepared to produce additional documentation such as:

  • Vacation claims – Copies of employer’s vacation policy or an explanation of the policy
  • Bonus claim – Copies of the bonus agreement between the employer or an explanation of the company’s policy
  • Commission claims – Copies of the commission agreement or an explanation of the policy
  • Illegal deductions – Copies of documentation showing deductions such as pay stubs or letters stating the deduction

What happens after I file my wage claim with the IDOL

After a claim is filed, the IDOL will review the claim to ensure it is thorough and filed within the time deadlines. Once that is completed, the IDOL will contact the employer and state the amount the employee is seeking.

Employers then have the option to pay or dispute the claim. If the employer disputes the claim, the IDOL will determine if the claim warrants a hearing.

Chicago wage claim attorneys

If you believe you have been underpaid by your employer and are considering filing a claim for your back wages, contact Goldman & Ehrlich online or call 312-332-6733 for a consultation about your case. Our attorneys serve clients throughout Chicago and the surrounding areas, including in Cook County, Lake County, DuPage County, Will County, Kane County, and McHenry County.