Legal Question in Employment Law in Florida

Commission Sales Pay After Termination of Work

i recently left my commission sales job selling furniture to take another (non competing) sales job. I talked to my boss and asked him if i could leave without the two weeks notice and he agreed.

i had been paid on straight commission--no salary. furniture sales are paid on delivery, often 2 or 3 months after the sale is closed.

they have paid me on deliveries one month after i left but say they will not pay me on the rest of my delivered sales.

is this legal? can i make them pay me what they owe me?

thank you for your attention to this matter.


Asked on 1/16/04, 11:56 pm

1 Answer from Attorneys

Re: Commission Sales Pay After Termination of Work

There is no law that directly speaks to this issue. Rather, it is a matter of contract, policy and custom. That is, the case probably depends on written and verbal promises, company policies and the way the payments have been made in the past.

For these reasons, commission pay is often a problem when commission sales people leave companies. Moreover, companies get away with not paying because it's easier for employees to walk away than to sue. But if you earned the money, you should be paid (unless you agreed otherwise).

If you want, gather up any written materials that you have - pay policies, contracts, policies that explain the commission schedule, etc., and call me for a free consultation. I'll be glad to review the case and let you know if you have a strong argument or not.

BTW, this is a good lesson for the future. If you work on commission, try to get a written agreement that you will be paid for all sales you make, regardless of whether you are still with the company.

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.)

[email protected]

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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Answered on 1/17/04, 3:54 pm


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