Kevin O’Hagan and Kristine Phillips recently obtained a not guilty verdict in favor of a large Midwest auto dealership (Grossinger Auto Group) after a trial that lasted over a week. The dealership’s former general manager sued the company after he abruptly resigned, seeking several years of commissions to the tune of over $350,000. The general manager also claimed that the dealership made unauthorized deductions for use of demonstrator vehicles totaling an additional $15,000 and that the dealership failed to pay for unused vacation days. This final claim for vacation pay, if successful, would have permitted recovery of the employee’s attorney’s fees estimated to be in excess of $200,000.
After more than a week of trial testimony from eleven witnesses including expert forensic accountants for each of the parties, in a bench trial presided by Judge Raymond Mitchell of the Circuit Court of Cook County, the dealership was found not liable on all ten counts brought by the employee. Specifically, the court ruled that the dealer owed nothing to its former general manager as far as commissions or vacation pay, nor was it liable to repay the employee for the deductions it took for his use of the dealer’s demonstrator vehicles.
Once again, the Employment Defense Team at O’Hagan Meyer is proud to put another “W” in its trial books.