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Wage Claim Hearing FAQ
The Frequently Asked Questions (FAQs) provided below highlight topics and specific questions that are often asked of the Illinois Department of Labor (IDOL). The information provided in the FAQs is intended to enhance public access and understanding of IDOL laws, regulations and compliance information.
The FAQs should not be considered a substitute for the appropriate official documents (i.e. statute and/or administrative rules.) Individuals are urged to consult legal counsel of their choice. Court decisions may affect the interpretation and constitutionality of statutes. The Department cannot offer individuals legal advice or offer advisory opinions. If you need a legal opinion, we suggest you consult your own legal counsel. These FAQs are not to be considered complete and do not relieve employers from complying with applicable IDOL laws and regulations.
- 1. If I file a wage claim, am I guaranteed a hearing to present my position?
- 2. Do I need to bring an attorney with me to the hearing?
- 3. How do I prepare for a better hearing
- 4. I will be unable to attend the hearing on the date and time set by IDOL, how do I request a continuance?
- 5. I will be physically unable to attend the hearing, may I participate by phone?
- 6. If I disagree with the determination made at the hearing what procedure do I follow to have that decision reviewed?
No. Hearings are not required in each case. The Department's legal staff will determine if a hearing is necessary. 56 Ill. Adm. Code 300.950.
Only you can answer that question. While attorneys are not required, the regulations allow for both parties to be represented by a licensed attorney. Attorneys are not provided by the Department for either party. 56 Ill. Adm. Code 300.980.
There are a number of things you can do to prepare your case for a hearing. See our page here.
Continuances are not granted prior to the hearing, unless both parties agree in writing and the hearing officer permits such a continuance. Otherwise, a request for a continuance must be made in person to the hearing officer at the time of the hearing and is granted only upon a showing of good cause. 56 Ill. Adm. Code 300.960.
The Department does not routinely hold hearings by telephone. Written requests to participate by telephone must be received by the Department's Chicago office no later than 7 days prior to the hearing date. The Request shall be prominently marked "REQUEST FOR TELEPHONE HEARING" on both the letter and envelope. Such request shall be typewritten or clearly written and shall contain a compelling reason why the party needs to participate by telephone and the name address and telephone number of the person to be contacted. 56 Ill. Adm. Code 300.1000.
Request for Review or an appeal of a hearing officer's determination must be made in writing to the Chief Hearing Officer at the Department's Chicago office within 15 days of the decision. The request must set forth the reasons why the party believes the hearing officer misconstrued the evidence or misapplied the law to the facts,and any newly discovered evidence which the party could not have discovered by the hearing date or, if applicable, why the party failed to attend the hearing. 56 Ill. Adm. Code 300.1020.