Legal Question in Employment Law in Illinois

''Rubber'' pay-roll checks

I work for a local newspaper as a Art Director.

My Employer bounced 6 of my payroll checks adding up

to more then $4,500 dallors. He said he has applied

for a loan and that he does not have the money right

now to pay me what he ownes me. I have tried to

contact the police because this is fraud, he wrote

these checks knowing that the funds were not

available. Not only my payroll checks bounced,

everyones did, some more then others, but I am the

highest paid employee, so I am the grand ''losser''. He

told me that because he had ''customer checks'' -

''Accounts Receivable'' that bounced, he is not legally

responsible and that this act is not fraud because of

that. Is this true?? I have filed a claim with the

Illinois Department of Labor but this can take up to a

year! What should I do? I have not worked for him now

for 3 weeks... I told him I will not work until he

pays me at least 2 pay checks. He told me he does not

have the money, but I can work for ''cash only'' at my

hourly rate until the loan comes through, and he is

not sure when that will be. I enjoy my job. What

should I do?


Asked on 1/04/01, 2:09 am

1 Answer from Attorneys
Douglas Werman Law Offices of Douglas M. Werman

Re: ''Rubber'' pay-roll checks

Your employer has likely violated the minimum wage provisions of the Fair Labor Standards Act (because you were not paid any wages) and has also violated the Illinois Minimum Wage Law (failure to pay minimum wages)and the Illinois Wage Paymentand Collection Act (for failing to timely pay you your wages and for its failure to pay you your agreed upon wage).

You are correct that the Illinois Department of Labor can take up to year (if you are lucky). If you don't want to wait, both federal and state law allow you to bring a private enforcement action in the courts. The applicable laws provide that the employer (if you prevail-which you should)must pay your attorneys' fees and costs. Accordingly, a lawsuit shouldn't cost you anything. It will also be much quicker than waiting for the IDOL to attempt to recover your wages.

Please contact me if I can answer any other questions.

Read more
Answered on 1/05/01, 10:28 am


Related Questions & Answers

More Labor and Employment Law questions and answers in Illinois