Kay v. Prolix Packaging, Inc.

Illinois Appellate Court
Civil Court
Employee Benefits
Case Number: 
2013 IL App (1st) 112455
Decision Date: 
Wednesday, June 12, 2013
1st Dist.
Cook Co., 3d Div.
Affirmed in part and reversed in part; remanded with directions.
Salesperson filed suit against employer to recover compensation under employment agreement for override commissions due him for indirect sales customers. In bench trial, court erred in holding that salesperson was not entitled to estimate his damages for the 34-month time period in which no documentary evidence was presented of his actual damages. Court erred in computing salesperson's damages without regard to his admissions as to commission rate to which he was entitled. Employer failed to meet its burden to show equitable defenses of laches, estoppel, and unclean hands were supported by evidence. (STERBA and PIERCE, concurring.)