Legal Question in Employment Law in Florida

Sales commissions

I worked for a company that paid commission on work I brought in, I received a regular weekly pay check which I considered a draw against the commissions, my company did take tax and SS out of this check. Each month I received a monthly statment showing the difference between paid amounts and commissions due. I was terminated in Aug 07 with $6,600 in commissions owed and have filed small claims for $5,000. I have heard I will have a difficult time proving my case because if a company takes tax and SS from your check you are classed as a salaried employee and not a commission sale person. Any advise?


Asked on 4/02/08, 8:51 am

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Sales commissions

Depends on your contract for employment. The fact that they take taxes and the like out does not negate the commission status of your employment or your right to what you earned before termination.

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Answered on 4/02/08, 10:40 am


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