Eligible for Unemployment Benefits after 2 Defaulted Paychecks?

Is my wife eligible for unemployment benefits after 2 defaulted paychecks? Find out on Paywizard.org
Question - Date: 2009

 My wife works for a small business that defaulted on her last 2 paychecks. Is she eligible for unemployment benefits in Illinois? 

Answer Paywizard.org:

Generally, to be found eligible for benefits, you must be unemployed through no fault of your own, have earned wages in "insured" employment, be available for new work, and be actively seeking work, according to the IDES.
If you click on the IDES link you will find more information.

But your wife is not unemployed, her employer didn't pay her wages.

The Illinois Wage Payment and Collection Act
says in sec. 10: "Employers shall notify employees, at the time of hiring, of the rate of pay and of the time and place of payment. Whenever possible, such notifications shall be in writing and shall be acknowledged by both parties. Employers shall also notify employees of any changes in the arrangements, speficied above, prior to the time of change."

The act continues in Sec. 11:"An employee may file a complaint with the Department alleging violations of the Act by submitting a signed, completed wage claim application on the form provided by the Department and by submitting copies of all supporting documentation." You can read more about the Act in the previous link. In the next link you will find the form to file the complaint. You can also call the Department of Labor for more information: 312 793 2808.

 

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