There is a little known law in Illinois called the “Illinois Sales Representative Act” which states that a “principal” who fails to timely make commission payments to a “sales represenative” is liable in a civil action for “exemplary damages” not exceeding 3 times the amount of the commissions owed to the sales representative and states that the principal “shall pay the sales representative’s reasonable attorney’s fees and court costs.”
“Principal” is defined as a sole proprietorship, partnership, corporation or other business entity whether or not it has a permanent or fixed place of business in this State and which:
(A) Manufactures, produces, imports, or distributes a product for sale;
(B) Contracts with a sales representative to solicit orders for the product; and
(C) Compensates the sales representative, in whole or in part, by commission.
“Sales Representative” is defined as a person who contracts with a principal to solicit orders and who is compensated, in whole or in part, by commission, but shall not include one who places orders or purchases for his own account for resale or one who qualifies as an employee of the principal pursuant to the Illinois Wage Payment and Collection Act.
If you feel that you are a sales representative who is owed commissions and hasn’t been paid, contact us immediately so we can determine whether a civil suit is warranted.