If I was terminated from my job for theft and had over 100 hours of vacation time that I had not used, can this pay be withheld?

Just terminated; worked for employer for 4 years.

Asked on November 5, 2011 under Employment Labor Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In IL, "earned wages" include not only an employee's salary or hourly pay but also any earned bonuses or vacation pay.  The Wage Payment Act prohibits employers from deducting anything from an employee's wages, unless such deductions are: (1) required by law; (2) to the benefit of the employee; (3) in response to a valid wage assignment or wage deduction order; (4) made with the express written consent of the employee, given freely at the time the deduction is made.

The law also allows employees to recover damages from any corporate officer or agent of an employer who knowingly permits the employer to violate the Act.

This however does not mean that you do not owe your employer money. That is a matter for the courts to decide.


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