Legal Question in Employment Law in Florida

Backcharge on commission after 10 months?

I am a commission salesperson. I sold a product to a customer more than 6-months ago. The product was paid for by the customer, however the customer had many issues and problems with the installation. A company representative decided to rebate the customer his money in full. Now, the owner of the company is attempting to backcharge me for the commission I earned. My understanding is once a customer pays and the commission is earned, the company then is responsible for fulfilling it's responsibilty of providing satisfaction to the customer. I was never informed of the customer's issues until the backcharge issue occurred? Can this be done?


Asked on 11/19/03, 9:54 am

1 Answer from Attorneys
Keith Stern Shavitz Law Group

Re: Backcharge on commission after 10 months?

You are not, in my opinion, legally obligated to pay back this money, however, if your employer wanted to terminate your employment, they could (unless you had a written contract for a specific term that said they couldn't). As a result, tread carefully over how you handle this because it may/may not be worth jeoparidizing your job and your income.

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Answered on 11/19/03, 10:10 am


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