Freehauf v. TCB Design/Build, LLC, 2014 IL App (1st) 132928-U
“Claim for Failure to Pay Bonus Did Not Fall Within Illinois Wage Payment Act”
On September 5, 2014, the Illinois Appellate Court (1st District) affirmed the circuit court’s finding that the individual defendant, Mark Vandenberg, had not violated the Illinois Wage Payment and Collection Act.
The Plaintiff, Gregory Freehauf, had been employed by TCB Design/Build, LLC, whose sole manager was Vandenberg. Freehauf’s complaint alleged that on April 11, 2006, he was offered a promotion to become president of TCB, which he accepted. The complaint further alleged that in a letter dated August 24, 2006, TCB guaranteed him a year-end bonus of no less than $200,000.00.
Freehauf left TCB in June 2008 and claimed that TCB owed him $232,297.50 in unpaid bonus earnings for 2006, 2007, and a pro-rata portion of 2008. In 2010, Freehauf filed a complaint against TCB and Vandenberg for breach of contract and violation of the Wage Act for allegedly failing to fully compensate him for his bonus earnings. Continue reading ›