Legal Question in Employment Law in Illinois

I quit my job after finishing my shift well over a month ago, for reasons of verbal abuse. My staff and I were called horrible names and threatened. I could go on and on with what had happened. My question is I have yet to receive my final paycheck. I told the owner that I would never return to her establishment and she could mail me my check or I would send my husband in with a documented letter to pick up my paycheck. She still refuses to give it to me. Since I have received text messages from owner jabbing at me and my family...also phone calls yelling and screaming at me to "come in to get my check(with a few choice words directed towards me) Hence another reason I will not go in to get that check. I dont trust her stability nor do I believe she wont start something with me. Yesterday one of her employees posted on my facebook page that he saw my check and it is huge and I should come pick it up. This employee was at work at the time and Im sure being coaxed by her. I then posted that she could mail my check and it is a law to mail it with in ten days after pay period. With in 10 minutes owner called me. She told me to quit posting on facebook or she would sue me. I asked her to please stop calling me. Well, today I get a letter from her attorneys office that If I did not quit posting of her financial status and that I am not getting my check they would file a law suit. I never mentioned anything of her financial status. I could care less! I Just want my check for 112 hours.Clearly this law office did no homework what so ever and I am starting to consider these actions as harassment. Whats my next step? Thank you.


Asked on 6/18/11, 8:25 pm

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

I would suggest contacting an attorney (if you go to trial to obtain your check, you attorneys fees can be paid by your former employer, which can be somewhat satisfying), or you could contact the Illinois Department of Labor, Wage and Hour Division. Depending on what exactly is in that letter, you might want to consider filing a complaint with the Illinois Attorney Registration and Disciplinary Commission. An attorney telling you that you are not entitled to your paycheck because of some real or perceived slight certainly sounds like unethical behavior.

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Answered on 6/20/11, 12:46 pm


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