Section 300.940  Filing of a Claim

a)         An employee may file a complaint with the Department alleging violations of the Act by submitting 2 signed copies of a completed wage claim application on the form provided by the Department and by submitting 2 copies of all supporting documentation.  Complaints shall be filed within one year 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 3 years prior to the date the complaint was filed.

c)         The Department will seek to verify the accuracy of the employer's address, as provided by the claimant, using one or more of the following:

1)         address on file with the Department;

2)         address on file with the Secretary of State;

3)         address on file with any other State agency with which the employer has the duty to maintain a current address; or

4)         any other address the Department reasonably calculates to be a true and current address for the employer.

d)         The Department will notify the employer of the existence of the claim.

(Source:  Amended at 35 Ill. Reg. 12933, effective July 20, 2011)