The Illinois Appellate Court has upheld a decision stating that Dr. Maher W. Fattouh, an anesthesiologist, was an employee of Hermosa Medical Management and entitled to $10,000 in unpaid wages. This ruling affects medical professionals and employers in Illinois, clarifying the definition of employee under the Illinois Wage Payment and Collection Act.

The court's ruling, filed on November 13, 2026, comes after Dr. Fattouh claimed that Hermosa Medical Management withheld his wages after his termination. The Illinois Department of Labor had previously ruled in favor of Dr. Fattouh, leading to the appeal by Hermosa Medical and its associates.

Background

The case, titled Zaghmoury v. Illinois Department of Labor, involves several parties, including Dr. Fattouh and Hermosa Medical Management, which operates a pain management clinic in Chicago. After Dr. Fattouh was terminated, he filed a claim with the Illinois Department of Labor seeking $10,000 in unpaid wages, alleging that Hermosa Medical violated the Wage Act by not compensating him.

Hermosa Medical, represented by its owner Richard Sharif, argued that Dr. Fattouh was not an employee but rather an independent contractor, claiming he had established no formal employment relationship. They cited that Dr. Fattouh's billing statements listed another entity as the payee for his services, and they asserted that he rented space and equipment at their facility.

The Department of Labor held a hearing where both sides presented their arguments. Dr. Fattouh testified that he had an agreement with Richard Sharif to work for a specified rate, while Hermosa Medical's representatives maintained that he was an independent contractor without an employment contract.

The Ruling

The Appellate Court ruled that the Illinois Department of Labor's finding that Dr. Fattouh was an employee under the Wage Act was not clearly erroneous. The judge noted, "The Department’s finding that anesthesiologist was an 'employee' of medical clinic within the definition of section 2 of the Illinois Wage Payment and Collection Act was not clearly erroneous." This ruling affirmed the Department's decision to award Dr. Fattouh the unpaid wages plus statutory damages.

The court emphasized that the determination of whether someone is an employee or independent contractor is based on the specific facts of each case. They highlighted that Dr. Fattouh's work was under the direction and control of Hermosa Medical, which is a key factor in establishing an employer-employee relationship.

Impact

This ruling has significant implications for medical professionals and employers in Illinois. It clarifies the definition of an employee under the Wage Act, reinforcing that the right to control the work performed is a critical factor in determining employment status. This decision may influence how medical clinics and similar businesses classify their workers, particularly in the healthcare sector.

The ruling also underscores the importance of having clear employment agreements. Employers must be cautious in how they classify workers, as misclassification can lead to legal disputes and financial liabilities.

What's Next

The defendants in this case may seek further appeal, but details were not available in the court filing regarding any pending related cases. The outcome of this case may prompt other medical professionals to review their employment status and seek similar claims for unpaid wages.