If you work in an industry where workers are paid, in whole or in part, by commission you may have come across an employer who refused to pay you your commissions.
Sadly, some employers intentionally terminate a commissioned employee before the commission is due in an effort to avoid paying the commissions due the employee.
Understandably, you may want to know “ What damages am I entitled to if my employer doesn’t pay my commission? ”
There are several important laws that provide most employees with protection with regard to wages and overtime.
At the federal level the Fair Labor Standards Act (FLSA) protects workers while the Florida Minimum Wage Act (FMWA) does the same at the state level.
Commissions, however, have always been somewhat of a grey area in the area of labor law.
That does not mean the law offers no protection to an employee who is owed commissions – just that the legal process by which claims for unpaid commissions are handled is usually different than the process for wage or overtime claims.
In the State of Florida, unpaid commission claims are typically litigated as a breach of contract.
The legal theory is fairly straightforward. You and your employer entered into a contract that calls for you to be paid a certain amount in commissions when you sell whatever service or product your employer sells.
When your employer fails to pay your commission it is a breach of that contract.
Florida considers commissions to be wages – an important distinction because by doing so it allows the court to order the losing party to pay attorney fees and costs.
This also allows employees who would otherwise not be able to afford to pursue an unpaid commission claim the ability to do so.
Under some circumstances a claim for unpaid commissions may also be litigated as a “civil theft”.
If successful, you may be entitled to three times the unpaid commissions due to you under a civil theft claim.
There is no excuse for an employer who refuses to pay commissions due to an employee.
If you are owed commissions by a current, or former, employer it is important to pursue a claim for the money owed to you, both for yourself and for future employees who may find themselves in the same situation
Contact the experienced Florida employment law attorneys at Celler Legal, P.A. by calling 954-716-8601 to discuss your situation and the legal options available to you.