Illinois Final Paycheck Demand Letter
In Illinois your final compensation is due at separation, but no later than the next regularly scheduled payday, whether you were fired or quit, and includes earned vacation. Late pay adds 5% per month. Attorney review available.
Introduction
A final paycheck demand letter is a written demand a departed Illinois employee sends a former employer to collect final wages that were not paid by the state deadline, before filing a wage claim with the Illinois Department of Labor or in court. In Illinois the deadline is the same whether you were fired or you quit: every employer must pay the final compensation of separated employees in full at the time of separation, if possible, but in no case later than the next regularly scheduled payday (820 ILCS 115/5). Final compensation includes earned wages, salary, earned commissions and bonuses, and the monetary equivalent of all earned vacation, paid at your final rate of pay, and no policy may provide for forfeiture of earned vacation on separation (820 ILCS 115/5). If the employer fails to pay, you may recover the underpayment plus damages of five percent of the amount of the underpayment for each month it remains unpaid, along with costs and reasonable attorney's fees (820 ILCS 115/14(a)). If the demand is ignored, you can file a wage claim with the Illinois Department of Labor. DocDraft builds your Illinois final paycheck demand letter from your facts, with attorney review available before you send it.
Key Things to Know
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A final paycheck demand letter is a written demand a departed Illinois employee sends a former employer to collect unpaid final wages, before filing a wage claim with the state labor agency or suing.
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Whether you were fired or you quit, final compensation is due at the time of separation if possible, but in no case later than the next regularly scheduled payday (820 ILCS 115/5).
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Final compensation includes earned wages, salary, earned commissions and bonuses, and the monetary equivalent of all earned vacation at your final rate of pay, with no forfeiture of earned vacation on separation (820 ILCS 115/5).
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If the employer fails to pay, you recover the underpayment plus damages of five percent of the amount of the underpayment for each month it remains unpaid, plus costs and reasonable attorney's fees (820 ILCS 115/14(a)).
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A further penalty of one percent per calendar day can apply where an employer does not comply after a Department demand or court order (820 ILCS 115/14).
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An Illinois employer may not deduct from wages unless the deduction is required by law, to your benefit, made under a valid wage assignment or deduction order, or made with your express written consent given freely at the time of the deduction (820 ILCS 115/9).
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If the demand is ignored, an Illinois worker may file a wage claim with the Illinois Department of Labor, and a civil action on the unpaid wages as a written contract can be brought within ten years (735 ILCS 5/13-206).
Key decisions before you file
Before you file a Final Paycheck Demand Letter in Illinois, a few decisions shape the document: which option to choose and what each one means. The Final Paycheck Demand Letter guide walks through them.
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Illinois Requirements for Final Paycheck Demand Letter
If an Illinois employer discharges or lays off an employee, final compensation is due at the time of separation, if possible, but in no case later than the next regularly scheduled payday (820 ILCS 115/5). Your demand letter should state that this deadline has passed.
Illinois uses the same deadline when an employee quits: final compensation is due at the time of separation if possible, but no later than the next regularly scheduled payday (820 ILCS 115/5). There is no separate shorter deadline for a discharge. State your last day and the resulting payday.
If an Illinois employer fails to pay, the employee recovers the underpayment plus damages of five percent of the amount of the underpayment for each month it remains unpaid, along with costs and reasonable attorney's fees (820 ILCS 115/14(a)). Reserve these damages in your letter.
Illinois final compensation includes earned wages, salary, earned commissions and bonuses, and the monetary equivalent of all earned vacation at the final rate of pay; no policy may provide for forfeiture of earned vacation on separation (820 ILCS 115/5). List any unpaid earned vacation.
An Illinois employer may not deduct from wages unless the deduction is required by law, to the benefit of the employee, made under a valid wage assignment or deduction order, or made with the employee's express written consent given freely at the time of the deduction (820 ILCS 115/9). Dispute any improper deduction.
If the demand is ignored, an Illinois worker may file a wage claim with the Illinois Department of Labor under the Wage Payment and Collection Act, or bring a civil action to recover the unpaid final compensation plus statutory damages and attorney's fees. Keep your records for the claim.
Send the demand to the employer's address using a trackable method such as certified mail with return receipt, and keep a copy of the letter and the delivery record. Proof that you demanded your final wages supports a later wage claim or lawsuit.
A civil action on the unpaid wages as a written contract or other written evidence of indebtedness must be commenced within ten years (735 ILCS 5/13-206); the Illinois Department of Labor wage-claim process has its own filing requirements. Filing promptly is the practical course.
Frequently Asked Questions
It is a written demand a departed Illinois employee sends a former employer to collect final wages that were not paid by the deadline Illinois sets. The letter names the wages owed, including earned vacation, the separation date, and the deadline the employer missed under 820 ILCS 115/5, and it demands payment by a set date. It documents that you asked for your wages before you file a wage claim with the Illinois Department of Labor, and it can note the 5% per month damages available under 820 ILCS 115/14.
The deadline is the same whether you were fired or you quit. Every employer must pay the final compensation of separated employees in full at the time of separation, if possible, but in no case later than the next regularly scheduled payday (820 ILCS 115/5). There is no separate shorter deadline for a discharge in Illinois. Once that payday passes with no payment, a demand letter is the usual next step before a wage claim.
Under 820 ILCS 115/14(a), if an employer fails to pay wages, the employee recovers the underpayment plus damages of five percent of the amount of the underpayment for each month the wages remain unpaid, along with costs and reasonable attorney's fees in a civil action. A further penalty of one percent per calendar day can apply where the employer does not comply after a Department demand or court order. Your Illinois demand letter can reserve these damages.
Yes. Under 820 ILCS 115/5, the monetary equivalent of all earned vacation must be paid as part of your final compensation at your final rate of pay, and no employment contract or policy may provide for forfeiture of earned vacation on separation. That means a use-it-or-lose-it forfeiture of already-earned vacation is not allowed. List any unpaid earned vacation along with your other final compensation in your Illinois demand letter.
Under 820 ILCS 115/9, an Illinois employer may not deduct from your wages unless the deduction is required by law, to your benefit, made in response to a valid wage assignment or wage deduction order, or made with your express written consent given freely at the time the deduction is made. A deduction that does not meet one of these grounds, such as an unauthorized charge for a cash shortage or damage, can be disputed in your demand letter.
If the employer ignores your demand, you can file a wage claim with the Illinois Department of Labor under the Wage Payment and Collection Act, or bring a civil action to recover the unpaid final compensation plus statutory damages and attorney's fees. The Department investigates unpaid-wage complaints. Sending a demand letter first often resolves the dispute and, if it does not, it becomes evidence that you tried to collect your final wages.
A civil action on the unpaid wages as a written contract or other written evidence of indebtedness must be commenced within ten years (735 ILCS 5/13-206). The Illinois Department of Labor administrative wage-claim process has its own filing requirements and time limits. Because deadlines turn on the facts, sending your Illinois demand letter and filing your wage claim promptly is the practical course rather than waiting near the limit.
An Illinois demand letter should identify you and the employer, give your dates of employment and how and when the job ended, and state the wages owed, including the monetary equivalent of earned vacation. It should note that the deadline under 820 ILCS 115/5 has passed, reserve the 5% per month damages under 820 ILCS 115/14, and demand payment by a specific date. Closing with your intent to file a wage claim with the Illinois Department of Labor reinforces the demand.