Thomas v. Weatherguard Construction Company, Inc.

Illinois Appellate Court
Civil Court
Wage Payment and Collection Act
Citation
Case Number: 
2018 IL App (1st) 171238
Decision Date: 
Thursday, December 27, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div,
Holding: 
Affirmed.
Justice: 
GORDON

Plaintiff sued construction company, alleging that Defendant was his employer and owed him $47,666 in commissions for contracts Plaintiff had procured for Defendant. Court properly denied Defendant's petition for substitution of judge for cause, or its request for documents based on alleged need to discovery a contingency-fee agreement, where Defendant did not expressly request such agreement in discovery and where such agreement would not have limited fee award.  Court did not abuse its discretion in determining reasonable attorney fees and costs which, per language of Wage Payment Act, is for all claims involving a common core of facts. The connection between the 10 years of attorney time expended and the amount at issue was deemed reasonable by Defendant. That Plaintiff was awarded, after bench trial, $9,226.52 in damages, does not render attorney's fee award ($178,449.97 in fees and $1,124.68 in costs) an abuse of discretion, as Plaintiff will now receive the money and satisfaction of being paid for his work. (McBRIDE and BURKE, concurring.)