Not receiving paycheck for 2 weeks

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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 6 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.


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