The company I'm employed by is threatening not to pay us because some employees don't have their documentation in.Is this legal?

Asked 12 months ago - Springfield, IL

The agency stated they were unable to pay several employees last week & are threatening not to pay starting Dec. Reason unable to pay is because the documentation must be submitted to billing & then agency is reimbursed based off that documentation. Documentation has not been submitted for work completed by several employees which has placed the agency in a particularly desperate financial situation, lack of funds. On the other hand, I am one of those employees who has my documentation completed & turned in on time. Can they legally withhold paychecks to those who do turn their work in?

Attorney answers (2)

  1. Charles Shinkle Watson

    Contributor Level 15

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    Answered . No.
    If you are an actual "W-2" employee, and you have been allowed to perform services for the employer, the employer owes you the pre-agreed pay for the work done.
    The company sounds shady. I would probably start looking for new employment. You can, however, also go to the Illinois Department of Labor after your payday has passed without payment, and make a complaint there. Don't advertise that you've done so.
    I wouldn't recommend going to the Department of Labor until you've actually spoken with an experienced employment law attorney. There may be nuances here that don't appear in your statement of facts. It's always foolhardy to move forward in such a complex area of the law without the advice of someone who knows what they're doing.
    Good luck!

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  2. Thomas O. Moens

    Contributor Level 20

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    Lawyers agree

    Answered . If you are an employee, your employer cannot hold your paycheck hostage due to the lack of diligence of other employees. If you are not paid on time, you can contact the Illinois Department of Labor Wage and Hour Division. In the meantime, you might want to discuss your situation with an employment law attorney.

    For more information: www.thomasmoens.com By the very nature of Avvo, you have only provided limited facts and no... more

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