Defendant argued that Plaintiff wasn't an employee because the man who interviewed and purported hired Plaintiff, Farbaky, did not have any such authority. However, the Circuit Court held, and the Appellate Court agreed, that the Defendant had created the appearance that Farbaky had the authority to hire Plaintiff on Defendant's behalf (based on his uniform, business card, presence at Defendant's office, and other factors). Thus, the Circuit Court properly found that Farbaky and Plaintiff had agreed that Plaintiff was entitled to 20% of net profits on contracts Plaintiff secured, so that oral contract existed between parties.
Finally, the Appellate Court held that the 2011 amendment to Section 14 of Wage Payment Act that grants attorney fees was a procedural amendment, so it does not have a retroactive impact and thus may be applied retroactively.