[illinois] Someone Impersonated Me To Hr, Changed My Direct Deposit, And Stole Two Paychecks

Location: Illinois

I’m in Illinois and get paid weekly on Fridays.

Someone recently impersonated me by emailing the HR person at my company from a random Gmail account and asking to change my direct deposit information.

HR apparently responded and sent the paperwork needed to change my direct deposit through our payroll provider. The scammer filled out the paperwork using my name and work information and signed it with a signature that is not mine.

The change was processed without anyone contacting me directly to confirm that I had actually requested it.

As a result, my August 28 and September 4 paychecks were deposited into a bank account that does not belong to me. I discovered the issue when I noticed my paycheck had not reached my normal bank account and brought it to HR’s attention.

HR has now submitted a fraud claim with the payroll provider.

I normally receive a notification from my bank every Friday when my paycheck is deposited. HR made a comment along the lines of asking whether I check my money because I did not notice the first missing paycheck immediately. I do check my account, but I happened not to notice the missing notification from the first week.

I never requested a direct deposit change, never authorized this bank account, and never signed the paperwork used to make the change.

I have since frozen my credit with Equifax and am taking additional identity-theft precautions.

I also sent HR a written request asking for:

• A copy of the original scam email.
• The email address used by the scammer.
• The fraudulent direct deposit paperwork submitted in my name.
• The dates the request was received and processed.
• Confirmation that the fraudulent account has been removed.
• Confirmation that my correct direct deposit information has been restored.
• Information about the fraud claim submitted to the payroll provider.
• The status of my two missing paychecks and when they will be reissued.
• Confirmation of what personal information, if any, HR disclosed to the scammer.
• Copies of records relating to how the direct deposit change was processed.

My main questions are:

1. Is my employer still legally responsible for paying me the two missing paychecks even though they sent the money to the scammer’s account?
2. Can my employer make me wait until the payroll provider or receiving bank recovers the stolen money before reissuing my wages?
3. Am I legally entitled to receive the fraudulent direct deposit paperwork and other records related to the change?
4. Does Illinois law require my employer to tell me what personal information they disclosed to the person impersonating me?
5. Should I file a police report even though my employer/payroll provider has already filed a fraud claim?
6. Is there anything else I should be doing legally or financially to protect myself?

I am not looking to accuse the HR employee personally of committing the fraud. My concern is that someone successfully impersonated me, submitted paperwork in my name, and redirected two weeks of my wages without anyone confirming the change with me.

I'd appreciate any advice on what my employer must do under Illinois law and what steps I should take next. I’ve also been reading about the Illinois Wage Payment and Collection Act, the Illinois Personal Information Protection Act, and the Illinois Department of Labor’s guidance on wage theft and payroll fraud. Am I on the right track? I’m not a lawyer, so I’d appreciate any corrections or guidance.