Legal Question in Employment Law in Florida

Re: Xemployer owes me big commission

There are a number of different types of legal claims you can bring and there are Florida statutes that would allow you to recover your attorneys fees. You may even have a Fair Labor Standards Act Claim if the failure to pay your commissions reduced you below the legal hourly rate. Feel free to call me to discuss further. Thanks.

Re: Xemployer owes me big commission

Absent a contract which states otherwise, commissions are "earned" upon sale and usually payable upon receipt by the company. An employee may be eligible to receive commissions post termination of employment if the company did not have an agreement to the contrary, or a standard of practice in the industry dictates otherwise. There also may be a Florida statute which entitles you to 3 times the amount owed if it was not paid within 30 days of the termination of your employment. While this statute is largely untested, employers will argue that it does not apply if you are an employee.