DeBlasio & Gower LLC

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Latest from DeBlasio & Gower LLC

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By Joseph Two
An employee handbook can be a valuable tool for a company.  But it can also create significant liability for employers, including exposing the employer to claims under the Illinois Wage Payment and Collection Act and common law contract claims.

Generally speaking, a handbook can communicate what is expected of both employees and management, oftentimes designed in an effort to promote fairness, increase employee satisfaction, and with the intention of trying to protect employers.

However, the general presumption in Illinois of an “employee-at-will” employment can be overcome by an employee handbook that is worded so that it becomes…
Continue Reading Is an Employee Handbook an Enforceable Contract? The Right Disclaimer Could Make the Difference

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By Antonio DeBlasio
On October 4, 2024 the Seventh Circuit U.S. Court of Appeals issued a compelling decision in favor of an executive regional sales leader allowing his claim for over $330,000 in unpaid incentive compensation to proceed against his employer under the powerful Illinois Wage Payment and Collection Act.  The employer (a multi-billion dollar consulting firm) argued that it did not owe the bonus because the incentive plan terms stated that any payment under the plan was “at the sole discretion of the Corporate Vice President,” was “subject to the company’s discretion” and therefore, could not create a contract…
Continue Reading Seventh Circuit Court of Appeals in Chicago Allows Sales Executive to Proceed with Wage Act Claim in Federal Court.

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By Joseph Two
In recent years, The Federal Trade Commission (“FTC”) has taken steps to protect consumers from potentially deceptive marketing related to the use of online reviews.  On August 14, 2024, the FTC added to that protection by announcing a final rule (16 CFR Part 465) directed at companies that utilize fake reviews, testimonials, or celebrity endorsements.  The enforcement provisions of this rule are significant, allowing courts to assess civil penalties on offending companies and allowing the FTC to seek compensation for any affected customers.
The rule requires that customer reviews should be from actual individuals who have experience…
Continue Reading Fresh Ammunition in the Battle against Fake Reviews and Testimonials

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By John Norkus
The Illinois Housing Development Authority has recently opened a new court-based rental assistance program. This program can be advantageous to both landlords and tenants if the parties are willing to continue working together through the process of eviction. Under the program, where an active eviction case exists, the program may award a tenant up to $15,000 in back rent. As a part of this award, the program can also award up 2 months rent in the future and $500 towards court costs.
It’s important to note that while the maximum award is $15,000, the amount is based…
Continue Reading Illinois’ New Court-Based Rental Assistance Program Benefits Landlords and Tenants

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By Antonio DeBlasio
The Illinois Wage Payment and Collection Act, 820 ILCS 115/1 et seq. (the “Wage Act”) provides powerful remedies against employers and other persons who fail to pay wages and final compensation to employees.
 
Section 14 of the Wage Act provides:   “Any employee not timely paid wages, [or] final compensation . . . by his or her employer as required by this Act shall be entitled to recover through a . . . civil action . . . the amount of any such underpayments and damages of 5% of the amount of any such underpayments for each…
Continue Reading Illinois Wage Act is Powerful Remedy Against Employers

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(June 28, 2022)  Oak Brook, Illinois law firm DeBlasio Law Group is pleased to announce that attorney Ninnette Gregory has joined its legal team.   Ninnette Gregory brings over 25 years of legal experience to DeBlasio Law Group, with broad experience in the prosecution and defense of civil and business litigation matters.   “Our firm’s legal team has never been stronger,” stated Antonio DeBlasio, the firm’s founder.  “Ninnette’s unique and extensive background will benefit the firm’s clients immediately,” added DeBlasio.
Ninnette began her legal career as a Judicial Law Clerk to (the Late) Judge Albert Green in the Chancery Division of the…
Continue Reading Attorney Ninnette Gregory Joins DeBlasio Law Group LLC Legal Team.

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There is no doubt that Aretha Franklin possessed enormous talent as a singer. She earned 18 Grammy awards, sold over 75 million records, won the Presidential Medal of Freedom, was the first women ever inducted into the Rock N’ Roll hall of fame, is listed as Rolling Stone Magazine’s 9th greatest artist of all time, and won a Pulitzer Prize… posthumously. Unfortunately, her success in life did not translate into a successful plan for her death
 
After Aretha died, much to the surprise of her friends and family, not one but two wills dated from 2010 were found in…
Continue Reading Aretha Franklin Leaves Multiple Wills, Including a Handwritten Will Found Under a Sofa Cushion

(May 31, 2022)  Attorney Antonio DeBlasio obtained an emergency temporary restraining order and mandatory injunctive relief from the DuPage County Chancery Court on behalf of his client, a regional trucking company responsible for 24 semi-trucks.   Our client needed the emergency injunctive relief to prevent the commercial landlord defendant from blocking access to its leased business office and adjacent truck parking facilities, which our client had a legal right to possess and use pursuant to a five-year written lease. Despite our client’s legitimate lease rights, the landlord defendant demanded that our client vacate its leased business office by May 31, 2022…
Continue Reading DuPage County Court Grants Emergency TRO and Mandatory Injunctive Relief to Our Client Against Commercial Landlord

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(May 31, 2022)  Attorney Antonio DeBlasio obtained an emergency temporary restraining order and mandatory injunctive relief from the DuPage County Chancery Court on behalf of his client, a regional trucking company responsible for 24 semi-trucks.   Our client needed the emergency injunctive relief to prevent the commercial landlord defendant from blocking access to its leased business office and adjacent truck parking facilities, which our client had a legal right to possess and use pursuant to a five-year written lease. Despite our client’s legitimate lease rights, the landlord defendant demanded that our client vacate its leased business office by May 31, 2022…
Continue Reading DuPage County Court Grants Emergency TRO and Mandatory Injunctive Relief to Our Client Against Commercial Landlord.

The firm is proud to announce that attorney Antonio DeBlasio has again been selected by Super Lawyers® for 2022.  No more than 5% of Illinois attorneys receive this distinction.  Super Lawyers® has selected Antonio ten times, in 2008 and in each year from 2014 through 2022.
Mr. DeBlasio has over 27 years of experience representing businesses, individuals and estates in Illinois.   
Continue Reading Antonio DeBlasio Selected for Super Lawyers 2022.

As a worker in Illinois, you probably trust that your employer will pay you the appropriate amount of money in exchange for your work. However, if you’ve recently experienced an issue with employee wages, you may be wondering: what happens when an Illinois employer fails to pay?

The Illinois Wage Payment and Collection Act (IWPCA) is in place to protect workers from numerous wage-related issues. Read on to learn more about this law and how DeBlasio & Gower LLC can help you recover your employee wages and/or bonus compensation.
What Is the IWPCA?
The Illinois Wage Payment and Collection Act…
Continue Reading Illinois Final Pay Laws – How the IWPCA Protects Illinois Workers

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Oak Brook attorney Antonio DeBlasio recently obtained a confidential settlement on behalf of his client against a former employer that failed to pay him over $18,000 in commissions that he had earned as a major account executive.  The case settled for substantially more than the disputed commission amount, including attorneys’ fees, after the client was forced to sue his former employer.  Not a good decision by the defending employer.
Forced to litigate the case in court, our client asserted claims against the employer for breach of contract and a violation of the Illinois Wage Payment and Collection Act, 820 ILCS…
Continue Reading Antonio DeBlasio Obtains Substantial Settlement For Client In Unpaid Commission Dispute.

In the recent case of case of Bramlett v. Vandersand, 2020 IL App (5th), the plaintiff was mowing grass at his mother-in-law’s residence when she asked him to check on a malfunctioning light switch located outside the house. The plaintiff agreed and asked Dorothy to turn off the power connected to the light switch from inside the house. The decedent was battling advanced cancer and allegedly shaken by difficult news received earlier in the day which resulted in her forgetting to turn off the power. This resulted in the plaintiff enduring an electrical shock, falling from his ladder and sustaining…
Continue Reading Appeal’s Court Ruling on Dead-Man’s Act

Yes, jury trials are happening in Cook County at the Daley Center, despite the ongoing COVID -19 pandemic, which is now headed into its second full year.  Last week, a Cook County jury returned a unanimous verdict in favor of our client in a rare probate case involving ownership of real estate, multiple financial accounts and other property. The jury awarded our client assets valued at over $1.5 million.
“The Court and its staff did an excellent job of making the jury process run smoothly and safely,” said attorney David Gower, who represented our client in the jury trial during…
Continue Reading Jury Trials in Cook County During the COVID-19 Pandemic.

Illinois law requires that the seller of residential real estate fill out a disclosure report and give it to the buyer that form identifies whether the seller is aware of material defects in the home. What is a material defect? Find out in this video from Illinois attorneys DeBlasio & Gower, LLC.

The post What Does a Home Seller Need to Disclose to a Buyer? appeared first on DeBlasio & Gower LLC.
Continue Reading What Does a Home Seller Need to Disclose to a Buyer?

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Illinois courts historically have been less than friendly to restrictive covenants, and non-compete agreements in particular. On August 13, 2021, Governor JB Pritzker signed into law Public Act 102-0358, an amendment to Illinois’ “Freedom to Work Act,” which both codifies existing requirements under Illinois precedent, and imposes new restrictions on when, with whom, and under what circumstances Illinois will enforce non-compete and non-solicitation agreements.
In this article, Oak Brook, Illinois attorney Antonio DeBlasio explores some of the key features of the new law.
Effective Date
The law takes effect on January 1, 2022, and will only apply to agreements entered…
Continue Reading A Deep Dive: New 2022 Rules for Illinois Covenants Not to Compete and Non-Solicitation Agreements.