The $118 million winning ticket was for a May 4 drawing.
It was claimed by 12 workers at Pita Pan Old World Bakery in suburban Chicago Heights.
Four other employees filed suit saying they were part of the pool.
Now a fifth says he was a long-time member of the pool, but didn't contribute to tickets for the May 4 drawing because he wasn't asked.
The lawyer for the defendants says if you don't ante up, you don't get paid.