Legal Question in Employment Law in Florida

Withheld pay

I worked for a small pharmaceutical company for a year and one day had to quit, without giving a 2 week notice. Well the owner told me since I quit without giving notice I was not entitled to my last commission check for time and sales earned. I never signed anything agreeing to this when i was hired nor was I informed of any such rule upon my employment. The owner is mad and making it up as he goes along. Am I right in thinking he CANNOT legally withhold my pay?


Asked on 2/08/08, 6:57 pm

3 Answers from Attorneys

Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: Withheld pay

He cannot withhold your pay. You should consult with local counsel or feel free to contact my office.

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Answered on 2/11/08, 1:58 pm
Bob McCormack Lewis Brisbois Bisgaard & Smith LLC

Re: Withheld pay

The rule in Florida is that an employee who earns commissions upon sale and is paid upon receipt of the clients' payment will be entitled to post-termination commisions unless there is a written agreement to the contrary or there is a standard in the industry indicating these commissions are not paid. There is a statute in Florida which could entitle you to three times the commission amount owed if the employer does not pay within 30 days of termination. It doesn't matter for purposes of this statute whether you quit or were fired, or whether you gave notice. This would only be relevant if there is a written agreement indicating you will not be paid post-termination commissions unless you give proper notice. You are also entitled to attorney's fees for collection of unpaid wages and commissions are wages for purposes of this statute.

You should contact an attorney to discuss this matter further. If you contact us, mention LawGuru and we will waive our normal consultation fee.

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Answered on 2/11/08, 4:19 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Withheld pay

Whether he owes you any money depends on your contract with the company. Take a look at what you signed or the company regulations and policies that were provided to you when you started work. Leaving a company without proper notice can be a hardship on an employer and can cause unnecessary costs to the business.

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Answered on 2/09/08, 9:36 am


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