Employee's Attorneys Fees in a Suit for Final Compensation May be Recoverable Jan-Feb-09
If an employee has not been paid “final compensation” by his Illinois employer at the time of termination of employment, the employer may be required to pay attorneys’ fees incurred by the employee in an action to recover pursuant to the Attorneys Fees in Wage Actions Act. For the employee to take advantage of this law the employee must: (1) make, either individually or through his attorney, a written demand to the employer at least three days before filing a suit for a specific amount of final compensation that the employee alleges to be due and owing; and (2) the employee must receive at trial an award of final compensation that is equal to or greater than the amount previously claimed. Final compensation includes bonuses, stock options, vacation pay, severance pay, commissions, and pension contributions.
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