Legal Question in Employment Law in Illinois
My family has a small company that was being managed by an employee of ours. In addition to being paid a salary, he was getting 10% of year end net profits as commission. His brother in law was our accountant. We found that profits were grossly overstated in almost all years; in some years we recorded a relatively large profit (on which he was paid commission) when in actuality we made a loss. We amended and refilled our taxes and got a refund from the government. We confronted the manager and he agreed in principal to pay back the money. We attempted to work out a repayment schedule (offer him a large discount and slow repayment terms); we also changed his commission and payment structure. However, he has recently left the company (with no notice) and communicating with him has been very difficult. We want to get the mis-paid commissions to him back and we would interested to know how we stand legally in this situation and what the next steps we take should be.
1 Answer from Attorneys
How much money is at stake? Depending upon the amount, you might consider retaining counsel to pursue recovery.