After having their employment terminated, a common question among employees is whether or not they can collect unpaid sales commissions, as these earnings tend to be paid separately from regular wages. As a result, some employees may not receive unpaid commissions along with their final wages on their final day of work.
Here, we’ll explore the topic of unpaid commissions after the termination of employment and how you can recover your rightful compensation in an unpaid commissions case.
Unpaid Commissions After Termination in Florida
Florida law states that an employee or contractor must be paid commissions even after their work relationship with a company has ended unless the employer has instituted a mutual understanding that commissions aren’t due after termination. Employers may establish this understanding by:
- Having the employee sign an employment agreement clearly stating that no commissions are due after an employee has been terminated.
- Establishing policies or an employee handbook stating that no commissions are due after an employee has been terminated.
- Establishing a recognized practice in the company that no commissions are due after an employee has been terminated.
- Making employees responsible for providing services related to the sale, such as a service contract.
Can I Collect Unpaid Commissions Upon Termination?
Typically, workers can collect unpaid commissions if their contract doesn’t include anything about employees’ rights to commissions post-termination, and the sale was made prior to termination (even if the products are supplied after the termination).
Unpaid Commissions Attorney in Florida
Unpaid commissions cases in Florida are generally approached as a breach of contract. At Weldon & Rothman, our attorneys have vast experience in employment law and unpaid commissions cases. We can prove that an employer breached the contract entered into upon employment and ensure that workers receive the commissions that they’re owed.
If you believe that you have an unpaid commissions case, schedule a free case review with Weldon & Rothman, PL today!