Legal Question in Employment Law in Florida
Commisions Earned
I chose to leave my position as an outside salesman in Dec 2003. My pay was 100% commission with a draw. No base pay. No expence account. No reimberced anything. Gas, auto insurance, meals or entertaining customers, etc. I feel the company owes me for the sales I made pryor to leaving that were billed in 2004. I had personal cost while getting the business. Depending on the profit percentage of the materials I sold before leaving, the commisions should be between $12,000 & $14,000. I did not go to work for a competitor or sign a no-compete. The companies reason for not paying me is that I am the one that terminated my employment. My question - Do they owe me? Thank you.
2 Answers from Attorneys
Re: Commisions Earned
Without seeing all the documents related to your claim I cannot say what your exact rights are. You may have a claim though and I would suggest you discuss this with an attorney.
Re: Commisions Earned
The answer depends on the type of agreement you have with the employer (whether written or verbal, inferred or actually agreed to) or, absent any agreement, the way this has been handled in the past and other facts of the case.
Basically, your claim is based on contract and "quasi-contract" law. You would argue that your contract is to do the work and get paid for it. So, if the work was done when you left, you are entitled to get paid.
Along the same lines, you would argue that the employer is unjustly enriched by getting the benefit of your work without paying for it. That is called "quasi-contract" because there really is no contract, but it is an equitable way of saying that a contract existed for legal purposes and it is unfair for you not to be paid.
Much depends on the specific facts of your case. It may not be worth the time and money to sue, but it is definitely worth making a demand of the employer. (There is nothing to lose.) If you are interested in hiring an attorney, I handle such matters on a contingency basis. You would only have to pay attorney fees if we recover either by settlement or otherwise.
Please call for a free consultation to discuss the case and how you should proceed.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
17804 St. Lucia Isle Drive
Tampa, FL 33647
813.986.7580
(f) 813.986.7489
(Admitted in Fl., MD, D.C., and Pa.)
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
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