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Final paycheck law in Illinois: when your last wages are due

Illinois sets its own deadline, its own penalty, and its own rule on unused vacation. Here is what the statute says, what it is worth to you, and where to file if the money never arrives.

Statute
820 ILCS 115/5 (Illinois Wage Payment and Collection Act); 115/14 (penalties)
If you were fired
Final compensation is due at the time of separation if possible; if it is not possible to calculate it then, it is due no later than the next regularly scheduled payday (820 ILCS 115/5).
If you resigned
Same rule on resignation: final compensation at separation if possible, otherwise by the next regularly scheduled payday.
If you were laid off
A layoff follows the same rule as a discharge: pay at separation if possible, otherwise by the next regularly scheduled payday.
Late-pay penalty
820 ILCS 115/14(a): damages of 5% of the underpayment per month it stays unpaid (2% per month where the underpayment is $200 or less), capped at 100%, plus a court-awarded attorney's fee and costs.
Unused vacation
Illinois requires payout of earned, unused vacation only if the employer's written policy or contract provides for it; the policy is what a claim turns on.
Commissions & bonus
Earned commissions are final compensation under the Act; a written commission plan can set the timing, but it cannot erase commissions already earned.
Where to file
Illinois Department of Labor — Wage Payment and Collection · 312-793-2804
Small claims limit
$10,000 for an individual — Small claims are heard in the circuit court for claims up to $10,000. · court self-help
Last verified
2026-11-03 single source

What Illinois law actually requires

Final compensation is due at the time of separation if possible; if it is not possible to calculate it then, it is due no later than the next regularly scheduled payday (820 ILCS 115/5).

Same rule on resignation: final compensation at separation if possible, otherwise by the next regularly scheduled payday.

Illinois requires payout of earned, unused vacation only if the employer's written policy or contract provides for it; the policy is what a claim turns on.

Earned commissions are final compensation under the Act; a written commission plan can set the timing, but it cannot erase commissions already earned.

What being late is worth

820 ILCS 115/14(a): damages of 5% of the underpayment per month it stays unpaid (2% per month where the underpayment is $200 or less), capped at 100%, plus a court-awarded attorney's fee and costs.

On $2,000.00 of unpaid wages unpaid for three months, the added damages would be about $300.00. Treat that number as leverage in the letter, not as a promise: a court or agency decides what is actually owed, and the penalty provisions usually require the employer to have acted wilfully or without good cause.

If they still don't pay

File with the Illinois Department of Labor — Wage Payment and Collection, which handles wage claims administratively, usually at no cost. The alternative is small claims court, where the limit for an individual in Illinois is $10,000. Both routes go better with a dated written demand and a certified-mail receipt, because the first question either forum asks is when the employer knew.

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Questions people ask about Illinois

When is my final paycheck due in Illinois?

Final compensation is due at the time of separation if possible; if it is not possible to calculate it then, it is due no later than the next regularly scheduled payday (820 ILCS 115/5).

I quit — does the deadline change in Illinois?

Same rule on resignation: final compensation at separation if possible, otherwise by the next regularly scheduled payday.

Does Illinois require unused vacation to be paid out?

Illinois requires payout of earned, unused vacation only if the employer's written policy or contract provides for it; the policy is what a claim turns on.

What can I do if my employer misses the deadline in Illinois?

Two routes: file a wage claim with the Illinois Department of Labor — Wage Payment and Collection (https://labor.illinois.gov/), or sue in small claims court where an individual's claim limit is $10,000. A dated written demand sent first is what makes either route easier, because it fixes the date the employer was on notice.

Sources

Only official sources are used: the state labor agency, the statute itself, and where relevant the U.S. Department of Labor. Third-party summary sites are deliberately excluded because they disagree with each other on penalty formulas.

Reviewed 2026-11-03 · reviewed again every 90 days.

By situation

being fired · resigning · a layoff · unused PTO · unpaid commissions

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