To start a case to get your unpaid wages back, you'll need to figure out how much money you are owed. In order to calculate how much you are owed, use the following formula:

• (the total amount you should have received) - (Amount you were actually paid) = (Total owed wages)

Find what you were actually paid by multiplying your hourly rate by the number of hours that you worked. For example, if you worked a total of 100 hours at $6.00 per hour, you were paid a total of $600 (100 hours x $6 = $600).

Find how much you should have been paid by multiplying the hours you worked by the appropriate minimum wage. If you worked 100 hours in Illinois when the minimum wage was $8.25 per hour, you should have received $825 (100 hours x $8.25 = $825). Be sure to use the rate that was in effect at the time the wages were earned. The Illinois minimum wage changes, so you may be owed different amounts depending on when you worked.

Finally, subtract the amount that you should have received the amount you actually received to determine the difference that you are owed. Using the examples above, you would be owed $225 in owed minimum wages ($825 - $600 = $225).

You are also entitled to additional money for being paid late. This is referred to as a damages fee. You will be able to collect an additional 5% in damages for each month you remained underpaid. For example, if you were underpaid by $75 in one month, you are entitled to get the $75 back plus an additional $3.75 ($75 x 5% = $3.75) for each month you had to wait to be paid back the $75 you were owed.

For answers to other questions about wage theft, visit the Illinois Department of Labor FAQ 

If you feel comfortable, you can speak directly with your employer to try and recover your owed wages. This is not required to start a case. But often, this is the fastest way to receive your owed wages, particularly if it was because of a mistake. It is illegal for your employer to retaliate against you for asking about owed wages. It can also be helpful to write down what happens when you talk with your employer. Having notes can remind you of what you agreed and when you spoke to your employer. Notes can also provide evidence if you file a complaint to get your wages back.

The Illinois Department of Labor (IDOL) looks into whether or not employers are paying employees enough money. You can file a complaint to ask IDOL to look into your case.

You have one year from when you last worked for your employer, or one year from when the unpaid wages are owed, whichever is later, to file your claim. There is no cost to file a claim. You do not need a lawyer.

To file a claim with IDOL, use the online wage complaint form. You will have to create an Illinois Public ID if you do not have one yet. The Illinois Public ID allows you to use some of the Illinois government websites that require you to log in.

You should include copies of any evidence you have which you think might show that you are owed wages with your application. Do not send original versions of your evidence. For example, you might have paychecks or time cards that show you received less than the mandatory minimum hourly wage or salary. If you do not have any documents, that is okay. It is your employer's responsibility to keep all your pay and time records.

If your address or telephone number changes, make sure to contact the Illinois Department of Labor. This is so that they can change it on your claim. 

Also, remember that the Department of Labor can only investigate the 3 years before the date that you file your claim. For example, if you were not paid the minimum wage from 2010 to 2020, and filed a complaint in 2020, you could only recover wages from 2017 and later.

Consider filing a lawsuit on your own. You can sue your employer for your owed wages without a lawyer. This is called filing "pro se."

When you file your own lawsuit, the court will charge you a fee. If you cannot afford this fee, you can ask the court to let you file without paying. See Filing court papers for free for more information.

In filing your unpaid wages complaint with the court, you should include:

• Who you worked for;
• What type of work you performed;
• Where you worked;
• When you worked there;
• How many hours you worked each week; and 
• What you were paid each week. 

If you have any evidence of these facts, you should include them in your complaint. For example, a copy of pay stub which shows a minimum wage violation might be helpful to prove that you are owed minimum wages. 

Remember, even if you do not have any documents, that is okay. It is the employer's responsibility to keep all your pay and time records.

Lawsuits for $10,000 or less are known as small claims. The rules for small claims are easier to follow, and the cases go more quickly than for lawsuits for more money. Learn more about Suing someone for $10,000 or less. If you are owed more than $10,000, you cannot sue in small claims court.

You always have the option to talk to a lawyer.

You use Get Legal Help at the top of this page or you can find a private lawyer through the Chicago Bar Association or the Illinois State Bar Association.