Ex Emploer's Demands?

[Wilsonny]

My son was recently let go from his job and his former employer is demanding that he waive all rights regarding claims against their company and agree not to file any grievances of any kind whatosever before they will pay him for the last few days that he worked and for his unused vacation time. Can they legally require that he waive all rights to get the money owed to him?

 

[loku]

No. They can not legally require that he waive his rights in order to get the money owed him.

The Illinois Department of Labor helps employees get wages due them from their employers. You can call the Department about your problem at 312-793-2808.

Following is the pertinent Illinois law.
(820 ILCS 115/5)
Sec. 5. Every employer shall pay the final compensation of separated employees in full, at the time of separation, if possible, but in no case later than the next regularly scheduled payday for such employee. Where such employee requests in writing that his final compensation be paid by check and mailed to him, the employer shall comply with this
request.

Unless otherwise provided in a collective bargaining agreement, whenever a contract of employment or employment policy provides for paid vacations, and an employee resigns or is terminated without having taken all vacation time earned in accordance with such contract of employment or employment policy, the monetary equivalent of all earned vacation shall be paid to him or her as part of his or her final compensation at his or her final rate of pay and no employment contract or employment policy shall provide for forfeiture of earned vacation time upon separation.

 

[Wilsonny]

Thank you very much, loku. I was beginning to think that I would not get a response. Best Regards.