Legal Question in Employment Law in Florida

Commission 'CAP' not previously announced

Can an employer legally 'Cap' (reduce amount) a commission check without previously notifying the worker? The commission plan prior to this moment always claimed a 'no cap commission' plan. The first time the worker found out that the commission could be capped is when a sizable commission should have be paid and the check was short...please advise


Asked on 6/25/03, 12:25 pm

1 Answer from Attorneys
Keith Stern Shavitz Law Group

Re: Commission 'CAP' not previously announced

If the commission was earned before the CAP was announced, its my opinion that you are entitled to the uncapped commission. However, this would be a legal argument to be made in a lawsuit or a demand letter and there isn't much outside of that you can do to force your employer's hand. For further assistance, please feel free to contact me at (305) 810-2887.

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Answered on 6/25/03, 12:51 pm


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