When your employer must pay, what they must include, and what you can do if they're late.
Enter your last day and pay schedule — get the specific date your check is legally due.
→ Use the CalculatorIn Illinois, your final paycheck is due on your next regular payday after you leave — whether you were fired or resigned. This is the most common approach across the US, and it means the timing of your final check depends largely on where you fall in your employer's pay cycle.
Under 820 Ill. Comp. Stat. 115/5, "next regular payday" means the payday that would have occurred if you had continued working. If you're paid every other Friday and your last day is a Monday, your check is due that Friday two weeks out — or the Friday right around the corner, depending on your cycle.
The law applies to all forms of separation — involuntary termination, layoffs, and voluntary resignation — so the deadline is the same regardless of how you left.
Illinois's penalty for late final paychecks is calculated as a percentage: 2% per month interest + damages. Under 820 Ill. Comp. Stat. 115/5, this gives your employer a financial incentive to pay on time — the longer they delay, the more the penalty compounds.
Percentage-based penalties are often more predictable than wage-continuation penalties, but they can add up quickly depending on the size of your unpaid wages and the length of the delay.
File a wage claim with the Illinois Department of Labor to have this penalty calculated and applied to your claim. The agency handles the enforcement process and typically contacts your employer on your behalf.
Illinois requires employers to pay out accrued, unused PTO or vacation in your final paycheck. Accrued PTO is earned wages — must be paid out. This means your PTO balance is treated as earned wages — not a discretionary benefit that can be forfeited when you leave.
If your employer has a "use-it-or-lose-it" policy that causes you to forfeit accrued PTO, that policy may be unenforceable under Illinois law. Accrued PTO that was never used should still be included in your final check.
If your final paycheck is missing PTO you believe you earned, include that amount in your wage claim with the Illinois Department of Labor. The agency treats missing PTO the same as missing wages.
If your employer hasn't paid your final wages on time, your primary resource is the Illinois Department of Labor. Filing a wage claim is free and does not require an attorney. The process generally works like this: you submit a written complaint, the agency contacts your employer, and a settlement conference or hearing is scheduled if the employer disputes the claim.
Most employers respond quickly once a formal wage claim is opened — because penalties and interest often keep accruing during the dispute, delaying resolution makes their situation worse. Come prepared with your last pay stub, your separation date, time records if available, and any written communication about your final paycheck.
Alternatively, you can file a lawsuit in small claims court (for amounts within the small claims limit) without an attorney, or hire a private employment attorney for larger claims. Many employment lawyers handle wage theft cases on contingency, meaning you pay nothing unless they recover wages for you.
Your next regular payday. Under 820 Ill. Comp. Stat. 115/5, this applies to all involuntary separations — firings, layoffs, and employer-initiated terminations of any kind.
Your next regular payday under 820 Ill. Comp. Stat. 115/5. If you gave advance notice, check whether that changes the deadline — some states require same-day payment when sufficient notice is given.
Illinois provides for additional damages if your employer fails to pay your final wages on time: 2% per month interest + damages. File a wage claim with the Illinois Department of Labor at no cost to pursue your unpaid wages and any applicable penalties.
Yes — Illinois requires accrued PTO to be included in your final paycheck. Accrued PTO is earned wages — must be paid out. If your final check is missing PTO, include it in your wage claim.
Your employer must pay you on your next regular payday — the one that comes after your separation. If you were fired the day after payday, you may wait until the payday after that, depending on your pay cycle. This is the standard rule in Illinois.
File a wage claim with the Illinois Department of Labor — it's free and does not require an attorney. Gather your last pay stub, separation date, and any time records or emails about your final pay. Most employers resolve claims quickly once a formal complaint is filed, because penalties and interest keep accruing during delays.