EDWARDSVILLE — A former car salesman claims an Alton dealership asked employees to work as volunteers while collecting COVID-19 unemployment benefits and then brought salesmen back on commission in order to collect Paycheck Protection Program loans.
Andrew Jacob "A.J." Cunningham filed a complaint Aug. 10 in the Madison County Circuit Court against Quality Buick GMC Cadillac Inc., Cody Stevenson, David Stevenson and Wayne Chamberlain, alleging violation of the Illinois Whistleblower Act and Illinois Wage Payment and Collection Act.
According to the complaint, Cunningham began working as a salesman for Quality Buick dealership in Alton in May 2019. He worked “sales leads,” meaning he would get walk-in clients and internet leads based on a rotating list.
He alleges that he and other sales employees at the dealership were paid on a “straight commission basis” and would earn no compensation if he did not sell a vehicle, “no matter how many hours he spent working at the Quality dealership.”
Cunningham claims he was laid off with all other salespersons on March 21, 2020, due to the COVID-19 pandemic. Keith St. Cin was allegedly the only salesman who was not laid off. Cunningham claims Chamberlain, who was employed as his supervisor, instructed the salesmen to apply for unemployment benefits.
“Cunningham’s filing for unemployment benefits required him to attest that he was not employed,” the suit states.
However, Cunningham claims Chamberlain asked the salesmen to “volunteer” to work sales leads while being laid off and receiving unemployment benefits. Cunningham allegedly told Chamberlain that volunteering would be illegal. The suit states that two salesmen continued working sales leads while receiving unemployment benefits.
“Cunningham’s home residence overlooks the Quality dealership. During the entire duration of the layoff, Cunningham regularly observed Quality’s ongoing business operations.
“Cunningham personally observed that the doors of the dealership were not locked and it appeared that customers were able to freely walk in from the street,” the suit states.
The plaintiff also alleges the salesmen did not keep proper social distancing and did not wear a protective mask.
Then on April 27 at approximately 10:00 p.m. Cunningham claims he received a text message from Cody Stevenson stating that due to increased demand for sales appointments, the sales department staff was being called back to work on May 1. The plaintiff claims the text also stated that social distancing and masks would be enforced.
Cunningham called Chamberlain on April 30 to discuss concerns about the “apparent discrepancy” between the text message and the business practices he observed. He was assured the requirements would be followed.
The plaintiff claims he told Chamberlain that he wanted to ensure safety precautions were taken because both of his children have pre-existing respiratory issues, making them vulnerable to COVID-19. He alleges Chamberlain responded that if he returned, the two salesmen who volunteered while collecting unemployment would get all of the sales leads. Chamberlain also allegedly said the finance manager was among the first to file for unemployment.
Cunningham claims he responded that the finance manager “worked for Quality during the entire month of April as an unpaid volunteer because he … made more from unemployment than he normally did working for Quality.”
“Cunningham stated for the second time to Wayne Chamberlain that working without pay from Quality and receiving unemployment benefits was wrong and against the law,” the suit states.
The suit states that Chamberlain said that if employees did not work as unpaid volunteers during the shutdown, then they “may not have a job to go back to.” He also allegedly said there was not an increase in demand for sales.
“Wanye Chamberlain advised Cunningham that the real reason Quality had recalled the salesmen was that Quality had applied for a Paycheck Protection Program (PPP) loan which required the dealership to call back its laid off workers.”
However, Chamberlain allegedly advised Cunningham that the salesmen would be paid as they always had been, 100 percent commission.
“Wange Chamberlain advised Cunningham that Quality intended to use the PPP funds to pay management personnel and repair technicians only and that salesmen who did not generate any commission would be paid nothing at all for their time worked,” the suit states.
“Cunningham did not know what to do as Quality would notify the unemployment office that he abandoned his position if he did not appear for work on May 1, 2020 but Quality, according to Wayne, planned to retaliate against him for not performing his job duties in an unpaid, ‘volunteer’ capacity while receiving unemployment benefits,” it continues.
Cunningham returned to work on May 1 as requested and allegedly observed employees standing closely together in a “huddle” without masks. He also learned that the doors closest to his desk would remain unlocked. He claims he raised concerns over the safety precautions and was fired for having a “bad attitude.”
The plaintiff also alleges he was pushed after having to walk across the building to an unlocked door. He allegedly “feared for his safety and called the police.”
“Quality’s sole and exclusive reason(s) for terminating Cunningham’s previously satisfactory employment was because he refused to engage in illegal conduct which clearly violated established public policies …” the suit states.
Cunningham seeks compensation for the loss of income and benefits, compensation damages, including for emotional distress, punitive damages, court costs and attorney’s fees.
He is represented by Joshua Evans of The Unsell Law Firm PC in East Alton.
Madison County Circuit Court case number 20-L-1130