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Illinois final paycheck law: when your last check is due

In Illinois, if you were fired or laid off, your final wages are generally due at the time of separation if possible, and in no case later than the next regular payday. If you quit after giving notice, they are generally due at the time of separation if possible, and in no case later than the next regular payday. If you quit without notice, they are generally due at the time of separation if possible, and in no case later than the next regular payday. This comes from 820 ILCS 115/5.

Deadlines at a glance

Fired or laid off

Final wages due at the time of separation if possible, and in no case later than the next regular payday

Quit with notice

Final wages due at the time of separation if possible, and in no case later than the next regular payday

Quit without notice

Final wages due at the time of separation if possible, and in no case later than the next regular payday

Statute

820 ILCS 115/5

Wage claim agency

Illinois Department of Labor

Penalties and details

Under 820 ILCS 115/14, an employee may recover statutory damages on an underpayment that remains unpaid; eligibility depends on the facts and forum.

Earned vacation is generally payable at separation in Illinois.

What counts as wages in your final paycheck

Final pay usually covers more than your last regular hours. Depending on your state and your employer's policy, it can include unpaid regular and overtime hours, earned commissions, bonuses that have already been earned, accrued unused vacation or PTO where state law or company policy treats it as earned wages, and unreimbursed business expenses.

What to do if the Illinois deadline passes

  1. Write down the facts: your last day worked, the amount you believe you are owed, and any messages from your employer about payment.
  2. Send a written demand letter that names the Illinois deadline and gives your employer a short, specific window to pay.
  3. Send it by email and by certified mail with return receipt, and keep proof of delivery. See how certified mail works.
  4. If the deadline in your letter passes without payment, file a wage claim with the Illinois Department of Labor.

Build a state-specific written demand

Review the parts, official source, and delivery record in the Illinois final paycheck demand letter guide.

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Common questions

When is my final paycheck due in Illinois if I was fired?

In Illinois, final wages are generally due at the time of separation if possible, and in no case later than the next regular payday after an involuntary termination.

When is my final paycheck due in Illinois if I quit?

If you gave notice, final wages are generally due at the time of separation if possible, and in no case later than the next regular payday. If you quit without notice, they are generally due at the time of separation if possible, and in no case later than the next regular payday.

Can my employer be penalized for paying late in Illinois?

Under 820 ILCS 115/14, an employee may recover statutory damages on an underpayment that remains unpaid; eligibility depends on the facts and forum.

Who do I file an unpaid wage claim with in Illinois?

Unpaid wage claims in Illinois are handled by the Illinois Department of Labor.

Other states

This page is general information, not legal advice. Last Check GPT is not a law firm. State rules change and exceptions apply; verify with the Illinois Department of Labor before relying on a deadline.