EAST ST. LOUIS — An employee is suing AMS Services LLC, a railroad construction company, citing alleged breach of contract for refusing to award him commission he says he earned for driving company revenue.
Aaron Boehmisch filed a complaint on April 17 in the U.S. District Court for the Southern District of Illinois alleging that the defendant failed to comply with their written contract to award commission to plaintiff for gross revenue earned for the company.
According to the complaint, the plaintiff alleges that on Aug. 30, 2015, he entered into an agreement with the defendant that he would be awarded 1 percent commission for all revenue generated by the St. Louis division of the company and additional 0.5 percent for the calendar year 2016 revenue. Boehmisch claims he failed to receive commission earned from the start of his employment on Sept. 4, 2015, until Feb. 1, 2017.
The plaintiff holds AMS Services responsible because it allegedly failed to pay commission due at the end of each revenue period in payments amounting to $94,540, representing 1 percent of $9,454,000, and $22,270, representing .5 percent of $4,454,000, on or before Feb. 1, 2017.
The plaintiff requests a trial by jury and seeks judgment in the amount of $116,810 and legal interest, attorneys' fees, costs of litigation and for such further relief as the court deems just and proper. He is represented by Lawrence P. Kaplan and Catherine F. Grantham of Kaplan Associates LLC in St. Louis.
U.S. District Court for the Southern District of Illinois case number 3:17-cv-00399