Gilmore v. Carey

Illinois Appellate Court
Civil Court
Illinois Wage Payment and Collection Act
Citation
Case Number: 
2017 IL App (1st) 153263
Decision Date: 
Tuesday, February 14, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed in part and reversed and remanded with directions.
Justice: 
SIMON

Plaintiff, a securities and commodities trader, sued his former employer and its 2 principals, seeking a return of his capital contribution and wages owed. Jury awarded Plaintiff his contractually-owed 1-year salary , and found that Plaintiff was responsible for his losses as a Class B member of employer firm. Operating agreement entitles Plaintiff to a return of remaining amount from his capital contribution. Court properly denied Plaintiff's request for attorney fees, as he sought fees specifically under Attorneys Fees in Wage Acts Act, and did not amend his complaint to seek attorney fees under Wage Payment Act. Amount of attorney fees for resolving wage claim was negligible, and Plaintiff's injury was adequately remedied.(CONNORS and HARRIS, concurring.)