Nov 25, 2025
Today, we announced the filing of a federal lawsuit in the United States District Court for the District of Maryland against Allegis Group, Inc. and the Committee for the Allegis Group Amended and Restated Incentive Investment Plan and Allegis Group Investment Growth Plan. The lawsuit seeks to recover approximately $1,678,129 in deferred compensation benefits that our client, Matthew McClusky, earned through two decades of distinguished service to the company.
Mr. McClusky dedicated nearly 20 years of his professional career to Allegis Group and its subsidiaries, beginning with Aerotek, Inc. in 2004 and rising to Director of Sales Operations for Actalent, Inc. As a recognized high-performing leader who made significant contributions to the company's success, Mr. McClusky was selected to participate in two elite deferred compensation programs reserved for top management and highly compensated employees.
In late 2023, Mr. McClusky faced a difficult family decision when his wife became pregnant with their first child and experienced significant complications. Without family support in Illinois and facing the impending birth of their child, Mr. McClusky made the decision to relocate to Colorado to be near relatives who could help. Before starting any new business venture, he took the responsible step of contacting Allegis Group's Chief Legal Counsel to understand his obligations under the company's restrictive covenant agreements.
The lawsuit alleges that the Chief Legal Counsel provided clear guidance: if Mr. McClusky stayed away from his Illinois work, his path would be "really clean," and if he avoided engineering work entirely, it would be "even cleaner." In reliance on this authoritative legal guidance, Mr. McClusky structured his new business to focus exclusively on skilled trades staffing in Colorado, deliberately avoiding the engineering services that were the focus of his former division. His new company operates over 1,000 miles from his former territory and does not compete with his former employer's core business lines.
After Mr. McClusky transparently disclosed his career plans, Allegis Group initially confirmed his compliance by paying his first quarterly benefit installment of $75,237 in April 2024. However, approximately one month later, the company reversed course. Despite having full knowledge of Mr. McClusky's business activities when it approved the initial payment, Allegis Group launched an investigation and ultimately denied the remaining benefits, alleging violations that directly contradict the guidance its own Chief Legal Counsel had provided.
The complaint further alleges that after Mr. McClusky exercised his right to appeal the benefits denial through legal counsel, the company retaliated by demanding recoupment of the benefits it had already paid him, a demand that was never raised in the initial denial. This escalation came at a particularly difficult time for the McClusky family, as their infant son had been diagnosed with a spinal tumor requiring major surgery and extensive medical treatment.
"When an employee follows explicit guidance from a company's highest legal authority, structures his entire business around that guidance, and receives benefit payments confirming his compliance, the company cannot simply reverse course and manufacture violations to deny earned benefits," said Managing Attorney Jordan D. Howlette. "This lawsuit seeks to hold Allegis Group accountable for its broken promises and to recover the compensation Mr. McClusky earned through two decades of dedicated service."
The lawsuit brings claims under the Employee Retirement Income Security Act of 1974 (ERISA), including wrongful denial of benefits, breach of fiduciary duty, equitable estoppel, violation of ERISA's procedural requirements, and retaliation.