Can my employer withhold my last month’s wages while we dispute my contested liabilty to repay a sign-on bonus?

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Can my employer withhold my last month’s wages while we dispute my contested liabilty to repay a sign-on bonus?

Asked on December 29, 2011 under Employment Labor Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your employer can withhold your last month's wages pending a dipute regarding contested liability as to a sign on bonus. However to do so, in my opinion would be in violation of state law. When an employee is terminated, he or she is required to receive final pay and all accrued pay for benefits at the time of termination.

If the employee quits, he or she is entitled to final pay and accrued benefits within three (3) days of quitting from the employer.


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