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Can a previous employer withhold your 2 weeks pay?
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Can a previous employer withhold your 2 weeks pay?

I was let go over a month ago and this employer is withholding my 2 weeks pay until I sign a "seperation agreement." This agreement basically washes their hands of any future claims of any sort that I may file against them. There were errors in my commission payment as well that they know about but are moving slow to correct it. If I sign this document to get my 2 weeks then they could simply not pay me my commissions due because I signed a document saying I can't file any claims of any sort. I work and live in Illinois. Anyone familiar with Labor Laws in IL? This just doesn't seem fair.


    




michr
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 ( http://www.state.il.us/agency/idol/laws/law115.htm ).
820 ILCS 115/5.

http://www.state.il.us/agency/idol/faq/qawage.htm

the employer can not hold your pay for any reason and you do not have to sign anything.


corgi1922
Rating
Absolutely illegal. They may withhold a severance pay until you sign but they can not withhold regular pay for time worked.


Mel
By law, you must be paid for any time that you worked through your termination date. The employer CAN withhold commission or bonus payments, depending on how the plan is structured (for example, your plan might state that if you leave the company, you forfeit all commissions due.)

A separation agreement is only valid if the employee is receiving something of value in return - for example, most employers ask for a signed agreement in exchange for providing severance pay. The "something of value" must be above and beyond anything already owed to the employee, such as wages, accrued time off, or earned bonuses.

Hope this helps - good luck!


hr4me
No, it's illegal in all states to withhold payment of wages in exchange for a signed separation agreement. They are supposed to pay you some amount of money for signing the agreement actually, not wages but some kind of monetary amount in exchange for you releasing them from all future claims.

Contact your local office of wage and labor and file a claim for unpaid wages with them.


Justice
Rating
Absolutely Not. If you worked for that money you're suppose to get it. The reason why he wants you to sign the separation agreement before you get your check is because he doesn't really have a legal reason to let you go. He doesn't want you claiming unemployment.


Jade c
you need to call labor commission to find out IL. this does not sound right to me! but what do i know i like in colorado!


Michigan Help!
Need Help Please. Was permanently laid off after many years of service, no reason given. The handbook states under discharge that the employer will give a 10 wking day notice or at employers discretion payment in lieu of the notice. Does he owe me the 10 days of pay, can I make him pay this? Also No separation notice -nothing was signed at the time I left. Thanks!





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