DeBlasio Law Group LLC partner Antonio DeBlasio is pleased to announce the firm obtained a $450,000 settlement for an executive against his former employer who refused to pay an earned bonus.
The executive hired DeBlasio Law Group after his former employer refused to pay him the earned bonus. The firm sued under various theories, including the Illinois Wage Payment and Collection Act, 820 ILCS 115/1 et seq. (the “Wage Act”), which provides powerful remedies against employers and other persons (such as C-level executives) who knowingly fail to pay wages and final compensation to employees and former employees.
Section 14 of the Wage Act provides: “Any employee not timely paid wages, [or] final compensation . . . by his or her employer as required by this Act shall be entitled to recover through a . . . civil action . . . the amount of any such underpayments and damages of 5% of the amount of any such underpayments for each month following the date of payment during which such underpayments remain unpaid. In a civil action, such employee shall also recover costs and all reasonable attorney’s fees.” 820 ILCS 115/14 (emphasis supplied).
The statutory penalty and attorneys’ fee provision in the Wage Act should not be taken lightly by any employer. Under the Wage Act, attorneys’ fees and a 5% per month statutory damage provision are mandatory. In other words, if you are owed a bonus of $100,000 and are not paid that bonus for 18 months, you would have a claim under the Wage Act to recover the $100,000 unpaid bonus plus 5% per month statutory damages, which after 18 months would equal $90,000. Therefore, the employer is liable for $190,000, plus attorneys’ fees and costs. See e.g., Thomas v. Weatherguard Constr. Co., 2018 IL App (1st) 171238, ¶¶ 68-73 Curet v. C&H Exterior Restorations, Inc., 2023 IL App (2d) 230030, ¶¶ 19, 36-37.
Attorney Antonio DeBlasio has been selected by Super Lawyers® in 2008 and in each year from 2014 through 2026. No more than 5% of Illinois attorneys receive this distinction. Mr. DeBlasio has over 31 years of experience as an Illinois attorney, representing businesses, individuals, employees, employers, estates and beneficiaries of estates in Illinois.