Legal Question in Employment Law in Florida
ongoing commissions
Due to a previous lawsuit, I never sign contracts. I made a verbal agreement and have given much business to a company that has paid me monthly since 2002. Now that they live in zillion dollar homes and were awarded much money in their own lawsuit, they are insisting I sign their agreement or will not pay me. They swore from the outset knowing my plight this would never happen as they saw dollar signs from me as their top producer. My question is: if the monies are for past performances only, what recourse do I have to continue to collect my commissions that have been paid to me since 2002 while these are active accounts and they are reaping all of the benefits and monies from my customers they would not have had if it wasn't for me bringing them to them in the first place. They tried this action in 2006. I told them I would not sign. They continued to pay. Thx.
2 Answers from Attorneys
Re: ongoing commissions
It sounds like they want you to sign a restrictive covenant to prevent you from competing with them. The law in Florida is that continued employment is sufficient consideration for having you sign such an agreement.
As far as the commissions you have earned, you are entitled to recover them even after the employment relationship ends unless there is a specific agreement to the contrary.
Not knowing the specific nature of your relationship, it is hard to advise on all issues which may be present.
Re: ongoing commissions
Without an enforceable contract, you are at the mercy of this company. You should take this contract to an experienced attorney to review. If they value you as a producer, they may be willing to make some reasonable changes to the proposed agreement.
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