Legal Question in Employment Law in Florida
Commissions not paid and Co. expenses not paid back after being terminated
To get to the point, can a non union employer (corporation) tell you that you are doing a great job, give you a sizeable commission, payable over the next 3 mos. and then fire you a few weeks later get by without paying the commission? Without reimbursing what you paid out of pocket for office expenses? There was no employment contract or evals for the 2 yrs. worked for them. If your payroll check shows salary 80 hrs., can you be paid for work over 40 hr. wk.? Please help
1 Answer from Attorneys
Re: Commissions not paid and Co. expenses not paid back after being terminated
If your employer owes you the commissions, then he is legally obligated to pay same.
Laws exist (Fair Labor Standards Act) which are designed to stop employers from avoiding paying o.t. by wrongly alleging that the given employee is salaried. If your actual job duties are those of a position which normally would not be expected to be salaried, then the employer may end up getting legally slapped silly for trying to do an end run around its obligation to pay o.t.
You should schedule a formal consultation with a lawyer. A good means of obtaining an attorney referral is by contacting your State's bar association or your local county bar association. They probably have a web site and charge a nominal fee for the referral. Most attorneys either provide a free initial consultation, or charge a nominal fee.
Good Luck, Elliot Jay Goldstein (Attorney with offices in Tampa and St. Petersburg)
The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts. Do not rely on this information. Seek a formal consultation with an attorney.
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