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A reduction in force is still a separation, and severance is not a substitute for wages already earned. In Illinois, a layoff follows the same rule as a discharge: pay at separation if possible, otherwise by the next regularly scheduled payday.
If you were offered severance in exchange for a release, the release covers claims — it does not convert earned wages into a favour, and it does not move the statutory deadline.
A demand letter fixes three things at once: the amount, the date each item was due, and the date the employer was on notice. Every forum that can help you — the Illinois Department of Labor — Wage Payment and Collection, a small claims judge — starts from those three facts. The letter is built from 820 ILCS 115/5 (Illinois Wage Payment and Collection Act); 115/14 (penalties) and your own figures, so the deadline it states is the one that applies to your separation, not a generic thirty days.
If the amount fits inside $10,000, small claims court is usually faster than an agency queue; if it does not, the agency route and a demand first is the cheaper path.
No. Severance is consideration for a release of claims; earned wages are already owed. A release that purports to cover unpaid wages is a separate question, and one worth reading carefully before signing.
A layoff follows the same rule as a discharge: pay at separation if possible, otherwise by the next regularly scheduled payday.
being fired · resigning · unused PTO · unpaid commissions · all Illinois rules
Reviewed 2026-11-03 against the sources listed on the Illinois page. This is a self-help document tool, not legal advice, and no outcome is guaranteed.