With holding final check if exit form is not completed

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Latest post 07-30-2007 1:27 PM by LynnM. 13 replies.
  • 07-26-2007 10:58 PM

    • whind
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    • Joined on 07-25-2007
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    Question [=?] With holding final check if exit form is not completed

    Is it legal for an employer to with hold my final paycheck if I do not complete an exit interview form? I have been told that it is mandatory that I complete a 3 page document and have an interview to receive my last paycheck.
  • 07-27-2007 9:14 AM In reply to

    Feedback [*=*] re: With holding final check if exit form is not completed

    No, it is not legal. An employer cannot withhold wages for time worked for any reason. Illinois State law requires final wages to be paid "at once if possible" but not later than the next pay day.
  • 07-27-2007 11:14 AM In reply to

    • whind
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    re: With holding final check if exit form is not completed

    Do you know the specific law? Today is my last day and without completed the multipage document they will withold my check. It is already being withheld until the next payroll run, which I found out is completely legal in Illinois. The *at will employment* law is joke.
  • 07-27-2007 11:24 AM In reply to

    re: With holding final check if exit form is not completed

    If they hold it beyond the next pay run, which is legal, then you're free to file a complaint with the Illinois labor department folks, the local federal DOL wage-hour division office and/or sue the employer for the pay.

    You can't expect folks to do the actual legal research, but you're free to look under the labor/employment section of the Illinois code. You're also free to ask the Illinois labor department folks.
  • 07-27-2007 11:37 AM In reply to

    Feedback [*=*] re: With holding final check if exit form is not completed

    If they withhold your paycheck, then contact IL's Department of Labor and file a complaint.

    "The *at will employment* law is joke." Huh? That has nothing at all to do with your paycheck. (Besides, the "at will" doctrine is what allowed you to quit your job.)
  • 07-27-2007 11:39 AM In reply to

    • whind
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    Feedback [*=*] re: With holding final check if exit form is not completed

    I appreciate the help. The reason I was asking the law was because she was in HR and might know it. I posted another question and the guy that replied sent me a link with the exact law and section. Hey it never hurts to ask. This is my first job in the state of Illinois and I am not clear on the way things are done here. I am trying not to make any mistakes that may cost me in the long run.
  • 07-27-2007 11:44 AM In reply to

    • whind
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    Feedback [*=*] re: With holding final check if exit form is not completed

    I was under the impression that if I quit and gave notice that on the last day of my *at will* employment things would be completed. I have worked in California (another at will employment state) all my live and on your last day, you return your computer, key card etc and are given your last paycheck. I am feeling a little surly that my employer can demand I complete a document and have an interview and still with hold my check until the next pay run--which is 2 weeks away.
  • 07-27-2007 1:51 PM In reply to

    re: With holding final check if exit form is not completed

    The interview, document and at will doctrine have NOTHING to do with your paycheck. IL has chosen to allow employers to issue your check at the next regular payroll - which is when you would have normally been paid anyway.

    What's the big deal about the form and the interview? It's standard practice for most employers.
  • 07-27-2007 2:03 PM In reply to

    Feedback [*=*] re: With holding final check if exit form is not completed

    When your last paycheck must be provided is a matter of each State's law. Again, that has nothing to do with the at will employment doctrine. If you don't receive your final paycheck in the next payroll run 2 weeks away, then file a complaint with your State's DOL.
  • 07-27-2007 2:32 PM In reply to

    • whind
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    Note [#=#] re: With holding final check if exit form is not completed

    The big deal is that I was told my last paycheck would be with held if I did not complete the 3 page document that has 250 questions with free form answers required, and have a sit down interview to review what I have already documented. I have participated in exit interviews in the past but not to this degree and I have never been told that receiving my final paycheck is contingent upon it. This doesn’t seem right to me, and I posed the question to the board.
  • 07-27-2007 2:33 PM In reply to

    • whind
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    re: With holding final check if exit form is not completed

    ok, I got it. Thanks
  • 07-27-2007 6:46 PM In reply to

    • cbg
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    re: With holding final check if exit form is not completed

    Don't try comparing any other state with CA. CA's laws are quite different than those of the other 49 states in many respects.

    I"m still not sure why you are so dead set against having the exit interview, which is standard practice and certainly doesn 't reflect any evil intent on the part of the employer, misguided though he may be regarding state pay laws. You do the interview sometime in the next two weeks, you get your paycheck when it is due without having to sue for it. Why is that so hard?
  • 07-27-2007 11:40 PM In reply to

    • whind
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    Ok [+0+] re: With holding final check if exit form is not completed

    I did complete the exit interview. Why would a company say that something is mandatory when it is not? I appreciate the advise.
  • 07-30-2007 1:27 PM In reply to

    re: With holding final check if exit form is not completed

    It's mandatory under their policies.
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