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Steve Ekker and Jim McCluskey Score Big Verdict in Commercial Litigation Trial Involving Past-Due Commission Payments

On March 20, 2008, on behalf of a Momkus McCluskey client, Steve Ekker and Jim McCluskey obtained a $168,073.71 judgment following trial, the entirety of the damages being sought. They were additionally granted leave to file a petition in support of an award of attorney's fees in favor of the client.

The case involved a mortgage broker who left his former employer after the company withheld commission statements for months. Upon finally receiving 10 months of finalized statements all at once, the client learned that the employer had retroactively changed the formula used to compute his commissions without consent, to the significant detriment of the client. Further, the employer had acknowledged owing the client a substantial sum of commissions from the year prior, which it subsequently refused to pay, and failed to pay commissions earned on mortgages procured during the client's final month of employment.

Following trial, the judge awarded all commissions claimed due and granted the client leave to seek his attorneys' fees under the Illinois Attorneys Fees in Wage Actions Act.