Legal Question in Employment Law in Florida

My employer is not paying my commission properly

My company changed computer systems in June. Since then, the sales reps have not been paid commission properly. The company admits this and contimues to push the date back of when they are going to pay the past due amount. What can I do to make them pay what is owed now or can we ask for interest or penalties?


Asked on 12/21/00, 7:40 am

1 Answer from Attorneys
Richard Groff Dye, Deitrich, Prather, Petruff & St.Paul

Re: My employer is not paying my commission properly

Unless your employment agreement provides for a penalty for late payment, there is no law that does so, unless your actual pay drops below the minimum wage in any week. If the company admits to the problem, perhaps they would be receptive to paying some interest for your trouble.

However, if you had to sue to recover the commissions, the court would probably award prejudgment interest on the commissions, and you would be entitled to a reasonable attorney fee....both only available if you prevail at trial.

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Answered on 1/05/01, 7:12 pm


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