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Commisions? Florida

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  • Commisions? Florida

    My fiancé was fired from his job on October 1. He was due to be paid his commissions from August last week. He was owed about $1100. They paid him only $100 and told him that because he was fired they didn't owe him any bonuses he earned during the commission period. The bonus had always been a part of his commission in the past. He sold cell phones so basically they didn't pay him his features bonus and only paid him his commission on activations. Is this legal or do I need to start looking for a lawyer so he can get his mone? They will also owe him for September next month and I'm sure they're going to try and not pay him at all.

  • #2
    This is complicated. There are some general federal DOL rules on commissions, but this is mostly left up to the states. And Florida is not a very good state to leave things up to. They do not have much in the way of labor law They also got rid of their DOL some years ago, so unlike most states, filing a wage claim with state DOL is not an option.

    FL is not my state and I do not know anything about FL commission rules (assuming they actually have any). If FL supported wage claims, I would say go ahead and file a wage claim with state DOL. Might work. Might not. The only real remaining option is a court action, either small claims or higher. Might work. Might not. If the total dollars are within Florida's small claim court limits (I think I heard that is $2,500), and if the fees are not too bad, it might be worth a try. If the dollars are too big, then you need to talk to a local lawyer.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Fl. small claims court is $5,000 max.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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