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Commission Owed Florida

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  • Commission Owed Florida

    I am asking this for my daughter. She was laid off from her sales position. She and the company are located in Florida. The company is telling her that they have 120 days to pay her her final commission. Can someone verify, either yes or no, that for me and give me a site address where I can send her to read and copy it?

    This is specific to Florida.

    Thank you.

  • #2
    I can't locate any rules when final commissions must be paid in Fl. There are some "general" fed. rules but it's mainly left up to the states. Fl. doesn't have much in the way of labor laws & doesn't have a DOL so to speak. You might call & ask a local employment attorney. (unless someone comes along & can give you better info re commission payments in Fl.) Sorry I couldn't be of more help.
    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

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    • #3
      I don't have any further ideas either, except to point out that, to my understanding, the employer is not required to accelerate payments of commissions when an employee terminates. If she will be paid when everyone else is paid their commissions, I don't know of any law that will force the employer to calculate and pay the commissions any earlier. If there is such a law, I'm sure someone will post it.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        Commissions are normally paid at the end of the next month but the employer says that since she was laid off, they do not have to pay her commission for 120 days after the lay-off date. This prevents her from claiming unemployment since Forida UI will not allow an unemployment claim until all salary due has been received.

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        • #5
          Well, she can either sue for it in small claims or at least send a letter requesting a return letter where the employer puts this in writing. The letter from the employer MIGHT help with her UI claim.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            Not paid commission

            I worked for a flooring company in Kissimmee FL for almost 3 years. Within those 3 years, they have not paid me the commission due on several accounts that have been paid for, some go back over 2 years. I was paid hourly by the retail store, paid commission by the installation company as a 1099 employee. They owe me nearly $4,000.00 more or less.

            My back is against the wall, they cut my hours in Jan of this year (2008) and caused me to loose abt. $800.00 a month, and informed me they could no longer afford me, so I ask if they would lay me off so I could find another job, and the reply was "Why we can't do that". So I had to quit and relocate to SC and live with my sister, they caused me to loose everything.

            I have copies of jobs they did for cash and never turned in as business income (one of the jobs is $170,000.00). Nor did they pay State sales tax for several jobs (they are holding tickets in the computer, they are 2years old). Plus pro rated employee OT (did not pay for the total amount of OT). The IRS came in and was after them for not paying federal payroll taxes (behind for more than 6 month's). When I would go to the bank to cash my paycheck it was never any good, the teller would have to get permission to cash it, so I would have to sit in the drive-thru for 10 or 15 min. the funny thing was I signed my own paycheck but never knew if it was good or not????? She did not keep the books current, and made loans from one business account to the other but never paid the loan's back.

            Should I turn them into the IRS and the FL Dept of Rev. Or use this info against them to get my commission?

            Thanks

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