Legal Question in Business Law in Illinois

restaurant woes

I work as a cook at a local mom and pop joint. They started taking money out of my check for hairnets and ''wasted'' food. Can they really do this and what can I do?


Asked on 11/17/08, 9:36 am

2 Answers from Attorneys

Elisabeth Efird Efird and Associates

Re: restaurant woes

Pursuant to Illinois Wage Payment and Collection Act(820 ILCS 115/)only certain deductions are allowed under Illinois law. Deductions may be made when: (1) required by law (such as taxes); (2) to the benefit of the employee (such as health insurance premiums, union dues etc.); (3) a valid wage assignment or wage deduction order is in effect; (4) made with the express written consent of the employee, given freely at the time the deduction is made.

From what you have stated above it does not appear that they are allowed to deduct what they are deducting. You can proceed in two different ways. The first is to contact an attorney who will get the money back for you under the above law, or you can contact the Illinois Department of Labor and file a claim.

Feel free to contact me if you would like to discuss this further.

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Answered on 11/17/08, 10:34 am
Motty Stone Law Offices of Motty Stone

Re: restaurant woes

I will add to the previous post that if you are working for a "Mom and Pop Joint" then the owners probably do not know that what they are doing is illegal. If you have an attorney show them the error of their ways and explain that you are serious about collecting you may be able to get your money back without the hassle of a lawsuit or formal claim.

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Answered on 11/17/08, 11:27 am


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