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

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. Best answer

    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!

    If you found this Answer to be helpful, please mark it as such. Remember, however, free advice is worth every penny you paid for it. This is only generalized commentary on your question. It is not to be taken as legal advice. I am a lawyer – but not your lawyer! Even "in person" interviews leave attorneys with plenty of questions – the Internet makes it crazy! Thank you Chuck Watson 217.544.6165


  2. 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 documentation, therefore, our response to your question is treated only as a hypothetical, and as such it is merely general in nature. You should not rely on this response in taking or forgoing action in your circumstances without discussing this matter with an attorney. If we had the opportunity to ask you sufficient questions and review relevant documents so that we were satisfied we had all of the relevant facts and circumstances, our response might differ significantly. Without the opportunity to ask you questions, and review all relevant documents and memoranda, we are simply unable to provide any form of legal advice. Our response to your question does not create any attorney-client relationship between us, and we are not acting as your attorney. We reserve the right to decline representation in any case. By answering your question, we are under no obligation to answer further questions. There are very specific deadlines for filing a lawsuit, replying to a lawsuit filed against you, or taking other action in order to preserve your legal rights. You should contact an attorney immediately in order to be fully advised of your rights, and so that you are aware of those deadlines. If you fail to act within the required time frame, you might be forever barred from asserting your rights or defending your position. The attorney answering this question is licensed in Illinois and Iowa only.

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