Business & Work

To start a case to get your unpaid wages The amount of money that a person is paid for work they do back, you'll need to figure out how much money you are owed. If you were underpaid, you are owed the amount you were underpaid plus damages of 5% of the amount of the underpayment for each month the underpayment remained unpaid. To calculate how much you are owed, use the following formula:

• (The total amount you should have received) - (Amount you were actually paid) = (Total owed wages). 
• More information about calculating the 5% damages fee is included below.  

If you are paid hourly, find how much you should have been paid by multiplying the hours you worked by your hourly pay. For example, if you worked 100 hours in Illinois when your hourly pay was $20 per hour, you should have received $2,000 (100 hours x $20 = $2,000). The Illinois minimum wage changes, so you may be owed different amounts depending on when you worked if you are paid minimum wage. Be sure to use the rate that was in effect at the time you earned the wages. 

Finally, subtract the amount you actually received from the amount that you should have received. The difference between these amounts is what you are owed. Using the example above, if you only received $1,500, you would be owed $500 ($2,000 earned - $1,500 paid = $500 owed).

You are also entitled to additional money for being paid late. This is referred to as damages. You will be able to collect an additional 5% in damages for each month you remained underpaid. For example, if you were underpaid by $75 in one month, you are entitled to get the $75 back plus an additional $3.75 ($75 x 5% = $3.75) for each month you had to wait to be paid back the $75 you were owed.

For answers to other questions about wage theft The unlawful taking of property, money, or services from another person, business, or organization , visit the Illinois Department of Labor FAQ.

If you feel comfortable, you can speak directly with your employer to try and recover your owed wages The amount of money that a person is paid for work they do . This is not required to start a case. But often, this is the fastest way to receive your owed wages, especially if the underpayment was because of a mistake. 

It is illegal for your employer to retaliate against you for asking about owed wages. It can also be helpful to write down what happens when you talk with your employer. Having notes can remind you of what you agreed to and when you spoke to your employer. Notes can also provide evidence Anything used to show that something is true if you file a complaint A written statement to start a lawsuit that says what the defendant did to get your wages back.

The Illinois Department of Labor (IDOL) looks into whether or not employers are paying employees enough money. You can file a complaint to ask IDOL to look into your case.

You must file your wage complaint with IDOL within one year after the wages The amount of money that a person is paid for work they do or final compensation Payment for work done or damage suffered were due. There is no cost to file a claim. You do not need a lawyer Someone who represents clients in courts or who gives legal advice .

To file a claim with IDOL, use the online wage complaint form. You will have to create an Illinois Public ID if you do not have one yet. The Illinois Public ID allows you to use some of the Illinois government websites that require you to log in.

Include copies of any evidence Anything used to show that something is true that you think might show you are owed wages with your complaint. Do not send original versions of your evidence. For example, you might have paychecks or time cards that show you received less than the mandatory minimum hourly wage or salary. 

If you do not have any documents, that is okay. It is your employer's responsibility to keep all your pay and time records.

If your address or telephone number changes, make sure to contact the Illinois Department of Labor. This is so that they can change it on your claim. 

Also, remember that the Department of Labor can only investigate the 3 years before the date that you file your claim. For example, if you were underpaid from 2015 to 2025, and you filed a complaint in 2025, you can only recover wages from 2022 and later.

Consider filing a lawsuit on your own. You do not have to file a complaint A written statement to start a lawsuit that says what the defendant did with the Illinois Department of Labor (IDOL) before you file a lawsuit. You can sue your employer for your owed wages The amount of money that a person is paid for work they do without a lawyer Someone who represents clients in courts or who gives legal advice . This is called filing "pro se Pronounced 'pro say,' a person who does not have a lawyer ."

When you file your own lawsuit, the court will charge you a fee. If you cannot afford this fee, you can ask the court to let you file without paying. See Filing court papers for free for more information on how to request a fee waiver A document that lets someone file court papers for free or at a reduced cost. .

In filing your unpaid wages complaint with the court, you should include:

• Who you worked for,
• What type of work you performed,
• Where you worked,
• When you worked there,
• How many hours you worked each week, and
• What you were paid each week. 

If you have any evidence Anything used to show that something is true of these facts, you should include them in your complaint. For example, a copy of a pay stub that shows a minimum wage violation might be helpful to prove that you are owed minimum wages. 

Remember, it is okay even if you do not have any documents. It is the employer's responsibility to keep all your pay and time records.

Lawsuits for $10,000 or less are known as small claims. The rules for small claims are easier to follow, and the cases go more quickly than lawsuits for more money. Learn more about Suing someone for $10,000 or less. If you are owed more than $10,000, you cannot sue in small claims court.

You always have the option to talk to a lawyer Someone who represents clients in courts or who gives legal advice .

You use Get Legal Help at the top of this page or you can find a private lawyer through the Chicago Bar Association or the Illinois State Bar Association.