Section 300.940  Filing of Claim and the Employer's Response

a)         An employee may file a complaint with the Department alleging violations of the Act by submitting a signed, completed wage claim application on the form provided by the Department and by submitting copies of all supporting documentation.  Complaints shall be filed within 180 days after the wages or final compensation were due.

b)         Applications shall be reviewed by the Department to determine whether there is cause for investigation.  The Department will limit its investigation to reviewing the three years prior to the date the complaint was filed.

c)         When appropriate, the Department will notify the employer of the existence of the claim.

d)         The employer must remit payment of all undisputed amounts and submit a written explanation of all the amounts remaining in dispute within 10 days after receipt.

e)         The employer's response shall include the reason(s) for non-payment and any business records and other documentation to support the employer's position.

f)          Upon receipt of an employer's response disputing the claim, the Department may, when appropriate, send a copy of the employer's response to the claimant.

g)         If the employee disagrees with the employer's response, he/she must submit a response to the Department within 10 days stating his/her reasons for the disagreement.  If the employee fails to submit a written response, the Department shall dismiss the claim.

h)         If the employer fails to respond within the prescribed deadlines, the Department shall review the information offered by the employee in order to determine whether the wages are due.

i)          The Department may consider untimely submissions by either party upon written request by the party within a reasonable period of time, if there is a showing that the delay was occasioned by good cause beyond the party's control.

(Source:  Added at 16 Ill. Reg. 13828, effective September 1, 1992)