Wheaton, IL asked in Employment Law for Illinois

Q: Can my employer switch me from salary to hourly without notification, change in job description, or documentation?

I signed a contract in July 2021 stating my employment and salary and my position of Office Manager. The company went through some financial hardship and the owner stopped paying us regularly. When asked about pay, the owners would never directly answer the situation. Eventually, without notification, documentation. Or any real communication all salary positions were switched to hourly, and hours were significantly cut. I worked anywhere from 35-50 hours a week on salary prior to this change, and with no change in job description am now hourly at a low (non disclosed) hourly rate and now work 20-22 hours a week with 0 documentation even though I’ve asked several times for everything to be in writing.

We still have not been paid for 2 non consecutive weeks we have worked.

Is what they have done legal?

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1 Lawyer Answer
James G. Ahlberg
James G. Ahlberg
  • Rochelle, IL
  • Licensed in Illinois

A: The non-payment of wages when due is not legal. Go to the website for the Illinois Department of Labor and file a complaint for unpaid wages. It is a very user-friendly website. As for the reduction in pay, your best option is to bring your contract to a lawyer practicing in the field of employment law so he or she can read it and give you advice. An opinion offered without reading the contract on which the situation is based isn't worth much.

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