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  • Florida - Commissions Due After Termination Florida

    I have read many posts about this and they each seem to have a unique circumstance.

    The company I worked for was a sales representative that worked for various manufacturers around the world. The company consisted of 2 1/2 people, me being the only non-owner sales person. I did not have any contract or other written agreement in place.

    For 5 1/2 years, I was paid 40% of the incoming sales commission for customers registered to me. The monies that were received in one month were paid to me the following month.

    I was fired the end of July and had a significant amount of commission due to me that was received in July and would have been paid to me in August.

    Am I entitled to this commission?

  • #2
    In order to answer your question, I think we need a bit more information.

    Were you inside sales or outside sales? Were you paid for your time worked, or solely commission? Do you have a contractual agreement regarding your commissions?

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    • #3
      Originally posted by lolcat View Post
      In order to answer your question, I think we need a bit more information.

      Were you inside sales or outside sales? Were you paid for your time worked, or solely commission? Do you have a contractual agreement regarding your commissions?
      Inside and outside sales, salary plus commission. No contract of any kind. 5 1/2 years of precedence are available.

      Thanks!

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      • #4
        Outside Sales has a very specific meaning under federal law (FLSA). You can check the following and see if it applies. very basically if the Outside Sales exception applies, you are exempt from minimum wage and overtime requirements. Good for the employer, bad for you. Because of this, the government calls "balls and strikes" very tightly on this exception.
        http://www.dol.gov/whd/regs/complian...tsidesales.htm

        Assuming that you are not legally Outside Sales, then pretty much by definition you are legally Inside Sales. That means you would be subject to minimum wage. You would be likely also subject to federal overtime rules, although there is a possible Retail/Service Establishment exception (also called the 7(i) exception). This exception does not so much make overtime go away as replace it with different more expensive and complicated requirements.
        http://www.dol.gov/whd/regs/compliance/whdfs20.pdf

        That is pretty much it for federal statutory law. FL may or may not have any statutory law on commissions. Not my state, although FL has a reputation as a "just like federal" state.

        HOWEVER, not all law is labor law. Even if the feds do not care about your commissions (and they probably do not), and even if FL statutory law does not care (and FL generally does not care about anything), there is still the old Common Law and the more modern derivative Contract Law. If you had a formal written contract, then that contract would be a very big deal right now. But absent a contract, your argument that you have an implied contract going back years is actually a pretty good Common Law argument that has legs as long as statutory law does not under cut.

        I am not expert on FL Common Law or FL statutory law on commissions (if any). If it is small money, then small claims courts is likely your best bet. If it is big money, then you need to talk to an attorney about a general court action. Most states (but not FL) have a state DOL and some of those state DOLs would be interested in your argument. FL is not. The feds are not interested either. Your sole legal recourse is somewhere in the FL court or small claims court system.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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