Illinois Compiled Statutes 820 ILCS 405/2800 – Violations and penalties
Current as of: 2024 | Check for updates
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A. It shall be unlawful for any person or employing unit to–
1. Make a false statement or representation or fail
1. Make a false statement or representation or fail
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to disclose a material fact:
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a. To obtain, or increase, or prevent, or reduce
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any benefit or payment under the provisions of this Act, or under the unemployment compensation law of any State or the Federal Government, either for himself or for any other person; or
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b. To avoid or reduce any contribution or other
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payment required from an employing unit under this Act.
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2. Fail to pay a contribution due under the
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provisions of this Act.
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3. Fail to furnish any report, audit, or information
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duly required by the Director under this Act.
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4. Refuse to allow the Director or his duly
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authorized representative to inspect or copy the pay roll or other records or documents relative to the enforcement of this Act or required by this Act.
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5. Make any deduction from the wages of any
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individual in its employ because of its liability for the payment of contributions required by this Act.
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6. Knowingly fail to furnish to any individual in its
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employ any notice, report, or information duly required under the provisions of this Act or the rules or regulations of the Director.
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7. Attempt to induce any individual, directly or
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indirectly (by promise of re-employment or by threat not to employ or not to re-employ or by any other means), to refrain from claiming or accepting benefits or to waive any other rights under this Act; or to maintain a rehiring policy which discriminates against former individuals in its employ by reason of their having claimed benefits.
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8. Pay contributions upon wages for services not
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rendered for such employing unit if the purpose of such payment is either to reduce the amount of contributions due or to become due from any employing unit or to affect the benefit rights of any individual.
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9. Solicit, or aid or abet the solicitation of,
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information from any individual concerning his place of employment, residence, assets or earnings, by any means which are intended to mislead such individual to believe that the person or employing unit seeking such information is the Department or one of its Divisions or branches, or a representative thereof.
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B. Any employing unit or person who willfully violates any provision of this Section or any other provision of this Act or any rule or regulation promulgated thereunder, or does any act prohibited by this Act, or who fails, neglects, or refuses to perform any duty required by any provision of this Act or rule or regulation of the Director, within the time prescribed by the Director, for which no penalty has been specifically provided, or who fails, neglects, or refuses to obey any lawful order given or made by the Director, shall be guilty of a Class B misdemeanor, and each such act, failure, neglect, or refusal shall constitute a separate and distinct offense. An employing unit’s or person’s willful filing of a fraudulent quarterly wage report shall constitute a Class 4 felony if the amount of contributions owed with respect to the quarter is less than $300 and a Class 3 felony if the amount of contributions owed with respect to the quarter is $300 or more. An employing unit’s or person’s willful failure to honor a subpoena issued by the Department shall constitute a Class 4 felony. If a person or employing unit described in this Section is a corporation, the president, the secretary, and the treasurer, and any other officer exercising corresponding functions, shall each be subject to the aforesaid penalties for the violation of any provisions of this Section of which he or they had or, in the exercise of his or their duties, ought to have had knowledge, not including the provisions regarding the filing of a fraudulent quarterly wage report or the willful failure to honor a subpoena.
Attorney's Note
Under the Illinois Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
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| Class 3 felony | between 2 and 5 years | up to $25,000 |
| Class B misdemeanor | up to 6 months | up to $1,500 |
Terms Used In Illinois Compiled Statutes 820 ILCS 405/2800
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
- Subpoena: A command to a witness to appear and give testimony.