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MADISON - ST. CLAIR RECORD

Thursday, November 21, 2024

Lopinot awards nurse practitioner $119K default judgment in wage dispute

Law money 09

St. Clair County Circuit Judge Vincent Lopinot granted default judgment for a nurse practitioner who alleges she was not paid her full wages.

In his May 22 order, Lopinot wrote that defendants I Think I Can Learning Centers Inc., I Think I Can Support Services and Lisa Grybinas failed to appear.

Lopinot awarded plaintiff Melanie Wylie a total of $119,320.25. She was awarded $31,800 for the Illinois Department of Labor judgment, $68,708.25 in statutory late penalty fees, $5,265 for statutory damages penalty and $13,547 for attorney fees and costs.

Wylie filed a motion for summary judgment on May 2 through attorney Stephen Brubaker of Van-Lear P. Eckert PC in Belleville.

The plaintiff alleged I Think I Can was properly served on March 25, I Think I Can Support was properly served on March 17 and Grybinas was properly served on March 22. Return of service was filed by each defendant on April 9.

However, Wylie argued that each defendant failed to file an answer.

She also argued that the defendants had over eight months’ notice of the majority of the allegations following a complaint with the Illinois Department of Labor.

Wylie filed her complaint on Feb. 23, alleging the defendants violated the Illinois Wage Payment and Collection Act.

According to the complaint, Wylie alleges she worked for the defendants at the agreed rate of $90 per hour from July 25, 2015, to Oct. 6, 2016.

During that period, Wylie claims she was underpaid and suffered continuous problems in obtaining her full wages.

Wylie alleges the defendants failed to timely pay wages, continued to promise that they would make up the wage as soon as the business picked up and failed to maintain accurate pay records

Wylie included in her suit complaints of an already-unsatisfied decision and order made by the Illinois Department of Labor entered on Aug. 16, 2017, against all defendants.

St. Clair County Circuit Court case number 18-L-132

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