Plain-English explanation.
Unpaid wage matters may include final pay, commissions, bonuses, promised compensation, deductions, or withheld checks. The strongest analysis usually starts before the legal label. It starts with the timeline, the documents, the people involved, and the consequences. GB Law looks for the facts that show what changed, who made the decision, and whether the record supports the stated reason.
For clients, these matters can affect income, references, discipline, certification, professional standing, and future work. The goal is not to overstate a claim. The goal is to understand whether the facts support a serious legal strategy and whether the matter is a fit for direct attorney attention.
Does this sound familiar?
- Your final paycheck was delayed, reduced, or withheld entirely.
- Earned commissions were not paid because you left before the customer paid.
- A promised bonus was not delivered after the qualifying period.
- Accrued and unused vacation was not paid out at separation.
- Deductions were taken from your check for things you did not authorize in writing.
- Your employer changed the commission plan retroactively to reduce your earnings.
- You were paid less than the agreed rate without prior notice.
What the law may protect.
The Illinois Wage Payment and Collection Act covers all employers and provides a private right of action for unpaid wages. Remedies include the unpaid wages, statutory damages of 2 percent of the unpaid wages per month, prejudgment interest, and attorney fees. The IWPCA also imposes personal liability on officers and managers who knowingly permitted the violation. The Illinois Department of Labor enforces the statute and can investigate claims on behalf of workers.
Different deadlines and procedures can apply depending on whether the matter involves a private employer, public employer, agency proceeding, wage claim, constitutional claim, or administrative decision. That is why early review matters.
What evidence should you save?
- Employment offer letter, pay schedule, and any compensation agreements.
- Pay stubs and direct deposit records.
- Commission agreements, bonus plans, and any modifications.
- Vacation policy and accrual records.
- Communications about pay, raises, deductions, or commissions.
- Records of work performed during the relevant period.
- Timeline of separation events, if final paycheck or vacation payout is at issue.
Deadlines to know.
The Illinois Wage Payment and Collection Act has a 10-year statute of limitations for written contracts and 5 years for oral agreements. Related FLSA claims have a 2 to 3 year deadline. Department of Labor investigations have their own administrative timelines. Earlier action preserves wage and damage calculations.
Questions people ask.
When does my final paycheck have to be paid?
Under the IWPCA, final wages are due at the time of separation or by the next regularly scheduled payday, whichever is later. Final commissions are due as soon as the amount becomes calculable.
Can my employer deduct from my paycheck without permission?
Most deductions require the employee's written authorization at the time of the deduction. Some statutory deductions (taxes, garnishments) do not require consent.
Are commissions wages under Illinois law?
Yes. Earned commissions are wages and must be paid according to the agreement, even after the employment ends.
What is the 2 percent monthly damages provision?
The IWPCA provides for damages of 2 percent of unpaid wages per month, in addition to attorney fees and the unpaid amount.