Not receiving paycheck for 2 weeks

Get Legal Help Today

 Secured with SHA-256 Encryption

Not receiving paycheck for 2 weeks

My husband’s payroll was due to be paid to him 15 days ago and tomorrow is the next payday. He works for a small privately owned company and there is a history of late payroll but not anything this extreme. He was told he should be paid on Wednesday or Thursday but that is still 2 days past the actual pay date. What are our legal options?

Asked on January 29, 2018 under Employment Labor Law, Illinois

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your husband can sue his employer for breach of contract / account stated.
Your husband's damages (monetary compensation he is seeking in his lawsuit) would be the amount he is owed.
Depending on the amount he is owed, he may be able to file his lawsuit in small claims court.  Upon prevailing in the case, he can also recover court costs which include the court filing fee and process server fee.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption