Illinois Unpaid Wages Demand Letter Template

Use our free Unpaid Wages Demand Letter template to inform your employer of outstanding wages.

You can write an unpaid wages demand letter to your employer to demand immediate payment if they have not given you the wages you are entitled to. This is a straightforward but powerful strategy for defending your legal claim to your wages.

What Is a Demand Letter for Unpaid Wages?

A demand letter for unpaid wages is issued to an employer who owes you money but has not paid you. This could be a present company that missed paydays, a previous employer who forgot to deliver you your last salary, more money for unused earned vacation pay, etc.

Your legal claim to unpaid wages is stated in the demand letter, which also requests urgent payment. Usually, a demand letter is sent before taking legal action.

The Most Common Types of Unpaid Wages No matter if you are employed or have recently left a job, unpaid pay can take many different shapes. Wage theft is typically more frequent than merely neglecting to issue you a paycheck.

The following are some of the most typical forms of wage theft:

  • Not paying your final paycheck
  • Not paying the minimum wage
  • Refusing to pay overtime or requiring employees to work beyond normal hours
  • Accepting tips or additional pay deductions not required by law Send an unpaid wages demand letter if you encounter any of them.

How to Demand Unpaid Wages in 5 Easy Steps

The employer and you have the opportunity to settle the issue amicably before taking further legal action by sending a demand letter if you are due unpaid wages. Providing documentation of the employer's unwillingness to pay, also strengthens your legal case should litigation become necessary.

The actions you must take in order to claim unpaid wages are listed below:

  1. Review Employment Agreement and Records:
    • Begin by reviewing your employment agreement, pay stubs, and any other relevant documentation to ensure that you are indeed owed unpaid wages. Make sure you have a clear understanding of the terms and conditions of your employment, including your agreed-upon rate of pay, hours worked, and any additional compensation owed, such as overtime or bonuses.
  1. Discuss the Issue with Your Employer:
    • Initiate a conversation with your employer or HR department to discuss the unpaid wages. It's possible that there was a clerical error or misunderstanding that can be resolved through communication. Clearly and respectfully outline the issue, providing evidence if possible, and ask for a resolution.
  1. Send a Written Demand Letter:
    • If discussing the matter with your employer does not lead to a resolution, it's a good idea to send a formal written demand letter. In this letter:
      • Clearly state the amount of unpaid wages you are owed.
      • Provide a timeline for payment (e.g., within 10 business days).
      • Reference any applicable labor laws or employment agreements.
      • Mention the consequences if payment is not made (e.g., legal action).
  1. Contact Relevant Authorities or Agencies:
    • Depending on your jurisdiction, there may be government agencies or labor departments that can assist with wage disputes. In the United States, for example, you can contact your state's labor department or the U.S. Department of Labor. They can provide guidance and may investigate the matter on your behalf.
  1. Consider Legal Action:
    • If all else fails, you may need to consider taking legal action to recover your unpaid wages. This could involve filing a lawsuit in small claims court or consulting with an attorney who specializes in employment law. An attorney can guide you through the legal process and help you understand your rights and options.

    It's crucial to speak with a lawyer or get legal counsel tailored to your situation and jurisdiction before filing any legal action. In accordance with local laws that differ from place to place about unpaid wages, the proper course of action may also change. Keep complete records of all correspondence and supporting information pertaining to the unpaid wages because these will be helpful if you decide to take legal action.


    Each State's Final Paycheck Requirements


    Within Alabama, There are no restrictions dictating when an employer must pay the final paycheck in Florida, Georgia, or Mississippi. All other states, however, have their own regulations governing the demands for the last salary. What the law demands is as follows:


    State Law When Employee Is Fired When Employee Quits
    Alaska Within three business days Within three business days or the next regular payday, whichever is sooner
    Arizona Within seven business days or the next payday, whichever is sooner By next payday
    Arkansas By next payday By next payday
    California Additional laws: 201.3, 227.3 Immediately 72 hours or immediately if employee gives at least 72 hours notice
    Colorado Immediately By next payday
    Connecticut By the next business day By next payday
    Delaware By next payday By next payday
    Hawaii Immediately By next payday or immediately if employee gives one pay period’s notice.
    Idaho (Additional Law) By next payday or within 10 days, whichever is sooner; within 48 hours if employee requests earlier payment By next payday or within 10 days, whichever is sooner; within 48 hours if employee requests earlier payment
    Illinois By next payday By next payday
    Indiana(Additional Law) By next payday By next payday
    Kansas By next payday By next payday
    Kentucky By next payday or within 14 days, whichever is later By next payday or within 14 days, whichever is later
    Louisiana By next payday or within 15 days, whichever is later By next payday or within 15 days, whichever is later
    Maine By next payday or within 14 days of demand, whichever is sooner By next payday or within 14 days of demand, whichever is sooner
    Maryland By next payday By next payday
    Massachusetts Immediately By next payday
    Michigan(Additional Law) Immediately As soon as amount is calculated
    Minnesota (Additional Law) Immediately By next payday, unless payday is less than 5 days after last day; in which case, by the following payday or within 20 days, whichever is earlier
    Missouri Immediately Immediately
    Montana Immediately or in accordance with written policy By next payday or within 15 days, whichever is sooner
    Nebraska By next payday or within 14 days, whichever is sooner By next payday or within 14 days, whichever is sooner
    Nevada(Additional Law) Immediately By next payday or within seven days, whichever is sooner
    New Hampshire Within 72 hours, or by next payday if employee was laid off By next payday, or within 72 hours if employee gives one pay period of notice
    New Jersey By next payday By next payday
    New Mexico(Additional Law) Within five days By next payday
    New York By next payday By next payday
    North Carolina By next payday By next payday
    North Dakota By next payday By next payday
    Ohio By next payday By next payday
    Oklahoma By next payday By next payday
    Oregon By end of business day Immediately if given 48 hours notice; if no notice, within five days or by next payday, whichever is sooner
    Pennsylvania By next payday By next payday
    Rhode Island By next payday; if laid off due to merger, relocation, or liquidation, within 24 hours By next payday
    South Carolina Within 48 hours or by next payday Within 48 hours or by next payday
    South Dakota(Additional Law) By next payday or whenever employee returns employer’s property By next payday or whenever employee returns employer's property
    Tennessee By next payday or within 21 days, whichever is later By next payday or within 21 days, whichever is later
    Texas Within six days By next payday
    Utah Within 24 hours By next payday
    Vermont Within 72 hours By next payday
    Virginia By next payday By next payday
    Washington By end of pay period By end of pay period
    West Virginia By next payday By next payday
    Wisconsin Next payday or within one month, whichever is sooner; if laid off due to merger, relocation, or liquidation, within 24 hours By next payday
    Wyoming By next payday By next payday

FAQs

How should an unpaid wage demand be made?

Your unpaid wages demand letter needs to be sent by certified mail. By doing this, the receipt will be required to be signed by your employer before it is delivered back to you. This receipt may be kept as proof.

What happens if an employer sends a demand letter but still fails to pay the outstanding wages?

You must submit a complaint and summons to the employer in order to take them to court if they continue to refuse to pay within the time frame specified in the demand letter. A judge may make them pay the outstanding wages following a court hearing.

Can a lawyer assist with a letter of demand for overdue wages?

An attorney can provide you advice on how to write the letter for unpaid wages and what to do next if your employer refuses to pay.

How to Write a Demand Letter for Unpaid Wages

Utilize our free unpaid wages demand letter template to create a demand letter for unpaid wages. Once you have the template, you need to fill it out with the first and last names, street addresses, phone numbers that apply to both parties and other pertinent information.

Unpaid Wages Demand Sample

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