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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.