Employment Law/pay


I was let go from my job on Oct 8 2013 and still haven't got paid . I was salary. I'm owed for a week and I worked Monday and tues then was fired. How do I get my money?

Thank you


Under Illinois law, 820 ILCS 115/5, if you performed work in Illinois you must be paid all your earned salary plus anything else you've earned, such as unused vacation, bonuses, commissions, etc., on the next regularly scheduled payday after your last day on the job.  It is lawful in Illinois for an "exempt" salaried employee (that is, someone who is an exempt executive, administrative or professional employee under the U.S. Fair Labor Standards Act, FLSA) to be paid once per month, but what counts here is what your regularly scheduled payday would have been.

Unless you were covered by a collective bargaining agreement (represented by a union) or had a written employment agreement preventing you from filing an administrative claim for wages/salary, or a contract providing for application of another state's law to your claim, you should be able to file a claim for unpaid salary with the Illinois Department of Labor.  You can learn more about this here:


If you decide to file a claim, here are instructions from the Illinois DOL on how to go about it:


Finally, you can download the claim form at this site.  You can file either by mail or in person at the nearest Illinois DOL office.  The wage payment office number is 312-793-2800.


I hope you find this helpful.  

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Frank C. Magill


I can answer questions about any U.S. labor or employment law question. I cannot answer questions about non-US law. I am not a specialist in employee benefit law (ERISA and HIPAA) or Workers' Compensation law, but will do my best to point questioners toward good resources availabe online. Expertise includes, without limitation, EEO/Affirmative Action/Employment discrimination (Title VII, Age Discrimination in Employment Act, Americans With Disabilities Act, GINA, Fair Credit Reporting Act as applied to employment); Fair Labor Standards Act; Texas labor code; Family Medical Leave Act; employee compensation; discipline and dismissal; force reductions, severance pay programs and administration; collective bargaining, union representation, grievances and arbitration, National Labor Relations Act and National Labor Relations Board; employee handbooks; staffing; dispute resolution outside of traditional labor agreements; employee communications; employment policies and compliance programs; codes of ethics; employment or labor litigation.


30+ years experience as corporate counsel for a Fortune 100 telecom company, specializing in labor and employment law issues. In addition to providing day-to-day advice to my company's internal HR leadership and staff, I've represented the company in numerous labor arbitration cases and at the bargaining table.

Texas, Illinois and Missouri state bars

J.D. 1979, Harvard Law School. B.A., Summa Cum Laude, 1976, Illinois Wesleyan University.

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