Legal Question in Employment Law in Illinois

Employer Deducting Unallowed Expenses From My Final Compensation Payment
My employment was terminated and I am scheduled to receive my final compensation payment on the next regular payday, which is the 30th of this month. I just received a document from my employer entitled, Severance Agreement And Release, wherein my employer states that he is going to withold expense monies that he, all of a sudden, has decided to disallow. Also, instead of being paid for the 39 days of accrued and unused vacation I had coming, he is telling me that he will pay me for only 30 days. Receipt of my final compansation payment is contingent on my signing this document. In other words, if I don't sign this agreement, he won't pay me at all. Not only does he want to pay me less than I am due, he wants me to agree to his doing so by signing this agreement. Is it legal for my employer to make arbitrary deductions from my final compensation without my agreement? What are my options? Is my employer subject to any penalities if he deducts money from my final payment or doesn't pay me my final compensation on the normally scheduled pay day? Is it legal to make my payment contingent on my signing this agreement? Please help me. What should I do? Thank you very much for whatever assistance you can provide me.

Asked on 6/25/00, 4:24 pm

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Re: Employer Deducting Unallowed Expenses From My Final Compensation Payment

In my opinion, it is quite

inappropriate for your soon

to be former employer to take

this course of action. If

you sign that agreement,

chances are you will be

signing away your right to

file a claim for any violation

of your rights as an employee.

It is your decision, but you

may want to think twice about

signing and consider filing

a lawsuit. I hope my comments

will assist you in making an

informative decision in your

best interest.

Answered on 9/02/00, 1:25 am

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