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[IL] What can a truck driver do if overtime pay and final wages were deducted after being fired?

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If your onboarding documents and written policies did not authorize deductions from final pay, state law generally requires employers to pay earned wages in full and prohibits deductions that were not agreed to in writing.(820 ILCS 115/9)

If you were paid per mile or by hours worked, the employer must compensate you for all work performed under dispatch, and unauthorized deductions may violate wage payment laws.

The fact that you have messages confirming assignments, assurances regarding your employment status, and records disputing the deduction may strengthen your position.

Their failure to respond does not relieve them of the obligation to explain and justify the deduction with a lawful basis.

As a next step, you may consider filing a wage claim with your state labor department and attaching your pay records, mileage logs, and text messages to document the dispute.

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I was instructed to check back in later after arriving late to a delivery appointment due to delays at a previous stop. When I checked back in, I was told there would be no room to unload and the appointment would need to be rescheduled.

After multiple unanswered calls and texts to dispatch, I did not receive a response until several hours later. I believe the delays and lack of communication caused unnecessary loss of work time and pay.

I also received multiple assurances from management and dispatch that I was not going to be terminated, only to later be fired after being instructed to return equipment and report back to the yard.

None of my onboarding paperwork or employment documents mentioned deductions from final pay, which is why I do not understand why money was deducted from my final paycheck.

I was also not paid for several hours spent waiting due to dispatch issues, despite being told through messages that I would be compensated for that time.

Additionally, my pay records do not appear accurate. My settlement only reflected a portion of the hours shown in my electronic driver logs. There were also periods where I was instructed to log time in a certain status while still performing work-related responsibilities, and I was told I would still be paid for that time.

I have documentation including text messages, phone records, electronic logs, and GPS records supporting my position regarding unpaid wages, overtime, and the disputed deduction from my final pay.

I believe any deduction should have been significantly lower than the amount withheld, and I requested that the company review the deduction and unpaid hours.

Lexi

Lexi, Chatbot

I understand how frustrating this situation must be for you, especially with the miscommunication and pay deductions involved. Can you please confirm if you have already discussed this issue with your employer or HR department?

I have, and they have not responded.

Lexi

Lexi, Chatbot

Have you documented all communications regarding your pay and the circumstances leading to your termination?

Yes. I have text messages, phone records, work logs, and company tracking records documenting the hours worked and communications regarding pay and dispatch instructions.

Lexi

Lexi, Chatbot

Is there anything else the Employment Lawyer should know before I connect you? Rest assured they’ll be able to help with your wage dispute.

Yes.

Legal Eagle

Legal Eagle

Hello, I’m Legal Eagle. I’m an attorney who works in your area of law, and I’ll help you sort this out today. I’ve read what you shared, so let’s go over what’s happening and what your best next steps look like.

Legal Eagle

Legal Eagle

If your onboarding documents and written policies did not authorize deductions from final pay, state law generally requires employers to pay earned wages in full and prohibits deductions that were not agreed to in writing.(820 ILCS 115/9)

If you were paid per mile or by hours worked, the employer must compensate you for all work performed under dispatch, and unauthorized deductions may violate wage payment laws.

The fact that you have messages confirming assignments, assurances regarding your employment status, and records disputing the deduction may strengthen your position.

Their failure to respond does not relieve them of the obligation to explain and justify the deduction with a lawful basis.

As a next step, you may consider filing a wage claim with your state labor department and attaching your pay records, mileage logs, and text messages to document the dispute.

Legal Eagle

Legal Eagle

133,377 satisfied customers

Criminal law, employment law, family law, landlord-tenant, and real estate law.

Legal Eagle
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