Legal Question in Employment Law in Illinois

Does an employer have to pay vacation earned?

My husband was fired a week ago. He got his last pay check and he still had 22 1/2 hours of vacation earned on his stub. They did not and will not pay him this money. They called it bonus and said they don't have to. The check stub says Vacation Earned.

The deal is, every week they are there on time they get 2.5 hours a week vacation time. The employer says it's not earned so he doesn't have to pay it.

We were thinking of taking this to small claims but was wondering if he can legally withhold payment of this. Thanks


Asked on 11/30/04, 1:38 pm

1 Answer from Attorneys
Alisa Arnoff Scalambrino & Arnoff, LLP

Re: Does an employer have to pay vacation earned?

You may wish to call the Illinois Department of Labor, 312-793-2808 and request a Wage Claim form. The process is free, unlike small claims court. If you are unhappy with the result, you can always go to small claims court later.

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Answered on 11/30/04, 2:00 pm


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