Recovering unpaid sales commissions after you leave a job
Sales commissions can be an attractive form of compensation for charismatic individuals who have no trouble getting to the closing table with customers or clients. The harder they work, the more they earn.
Experienced sales professionals often receive a base salary supplemented by a flat-rate commission per sale or a percentage of the total amount sold for their employer. Unfortunately, when employment transitions occur, issues with commissions often follow.
Sales professionals in Florida who resign from their jobs after accepting a new position elsewhere or who get fired by their employers may not receive the commissions they earned before the end of their employment. In those cases, they may need help from an unpaid commissions lawyer in Florida to obtain the compensation they have earned.
Florida considers commissions the same as wages
Under Florida state law and federal employment laws, commissions included in an employment agreement or a written commission plan are part of an employee’s wages. Employers have an obligation to fulfill their promise to pay a commission or sales bonus, even if the employee no longer holds a position with the company.
The failure to pay a commission is the same as denying someone their last days of wages at the time of their termination. However, people often feel uncertain about their right to sue for unpaid bonuses or commissions.
Florida’s withholding sales bonus laws clearly treat commissions and bonuses promised to workers in writing as part of their pay. Workers with proof of a contractual or written commission or bonus structure with their employers have a right to demand whatever bonus or commission they earned until their last minutes of work with the company.
A sales commission dispute attorney can help validate the amount owed and help the affected sales professional take appropriate steps to hold their employer accountable. In cases where the company acted in bad faith, meaning that there was an intention to violate the workers’ rights or the law instead of upholding an employment contract as negotiated, it may be possible for the affected employee to seek additional damages beyond just the commission that they did not receive.
Reviewing documentation related to the job and the unpaid commissions with an attorney can help workers understand their rights. Unpaid commissions are a common wage violation, and the courts may hold an employer accountable when there is sufficient documentation of their misconduct.