We have a vacation policy that allows employees to go up to 40 hours in arrears. I have an employee who just quit owing us 40 hours. Does anyone know if I can legally withhold the last check to recoup this time. I am in Illinois.

We have a vacation policy that allows employees to go up to 40 hours in arrears. I have an employee who just quit owing us 40 hours. Does anyone know if I can legally withhold the last check to recoup this time. I am in Illinois.