Can we file for wage reclamation while waiting for nlrb ruling?

Asked 4 months ago - Lemont, IL

in illinois we have the wage reclamation act. we are awaiting the nlrb ruling which appears to be highly favorable for reinstatement . Can we or should we be filing charges (for wages and benefits loss) before the ruling to expedite the process and bring a rapid resolve to this conflict? it has been discussed of the potential of suing for lost wages, benefits etc. plus incurred costs due to insurance or lack of and out of pocket expenses. Currently for each employee it is $32,000 in wages insurance and pension 14,500 this amount goes up per month this has been 6 months since discharge.

Attorney answers (1)

  1. Anthony Bettencourt Cameron

    Contributor Level 17

    Answered . If you all went and got a Lawyer to process your claim under the Wage Claim Act, the Employer would a Motion to Dismiss based upon Federal Preemption. The court probably wouldn't dismiss but would stay all proceedings until your NLRB caper was over. In other words, filing the Wage Claim Action now would be a borderline useless act. You win your NLRB case and the award includes or implicates back pay and you score that way. I understand the temporal inconvenience but this plan cannot come to any useful end for you.

    I do hope your optimism is justified viz. the NLRB caper. Every Good wish.

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