Legal Question in Employment Law in Florida

withholding last paycheck/contract violation

What are the laws concerning withholding the last paycheck for a salary position with commission? My fiance, ''John'', signed a contract stating that he would be given ''two weeks written notice in the event of termination (''at will, with or without good cause''). Yesterday, he was told that he would be laid off and the VP flew down to deliver the paycheck that was due in three days and another for 39 hrs. of vacation pay. Yet, they had previously told him that he had three weeks of vacation left-around 120 hrs. The VP presented a ''Separation Agreement'' for him to sign, relinquishing all of his rights, any liabilities of the Company, and stating that he will resign-of course, he didn't sign. He was told that, if he doesn't sign this he will not recieve his paycheck, nor commission. The VP also furnished a letter of termination, stating that he was being laid off, due to the downturn in the business. In the past, the VP has eluded to ''John'' that the accountant had not been paying ''John'' his full, entitled commissions. ''John'' has found other evidence of this wrong-doing. Also, the company does not have the proper liscenses in this state. What can he do?


Asked on 1/29/03, 1:50 pm

1 Answer from Attorneys
Keith Stern Shavitz Law Group

Re: withholding last paycheck/contract violation

First, there does not appear to be a legally binding employment contract. If the Agreement provided that he could be terminated at will, then the law does not recognize that agreement as enforceable. As such, "John" is only entitled to his unpaid wages, which of course includes any earned but unpaid commissions. Figure out how much money "John" believes he is owed in unpaid wages and compare that amount to the amount of money being offered in the separation package. Because "John" is not legally entitled to vacation pay upon termination, he likely should accept the separation package.

Read more
Answered on 1/30/03, 8:27 am


Related Questions & Answers

More Labor and Employment Law questions and answers in Florida