• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Exempt status misinformation

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.


Junior Member
What is the name of your state? Illinois

I just started with a new company and when I was hired on, I was led to believe I was an exempt employee. During the offer, I was quoted a yearly salary and benefits were explained. After NOT receiving my first pay check I called HR and ONLY THEN was informed I was in fact a non-exempt employee. Because I did not enter my time, I was not paid. They cut me a check immediatedly and told me that I'm non-exempt. This whole time I thought I was exempt. I believe this would have affected my decision to join this company if I had known early but not it is too late.

Are there any laws regarding this and is there any legal recourse? Are they allowed to not disclose exempt/non-exempt status during the entire hiring process?


I'm a Northern Girl
Nothing in the law requires them to discuss exempt/non-exempt status during the hiring process.

BTW, as far as the law is concerned, all jobs are considered to be non-exempt until proven otherwise.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential