Were You Cheated out of a Commission or Bonus?/

Employers often intentionally withhold providing any commission plan or bonus plan in writing so they can unilaterally and arbitrarily change the terms and manipulate the payment of earned bonuses and commission of hard working sales representatives. If you have not been paid the money you earned, you may be able to get the compensation you deserve. A Florida unpaid commission and unpaid bonus attorney can explain your rights and assess what pay you are owed.

Whether you’re an inside sales representative, an outside sales representative or an independent contractor, you may have a case if this unfair payment practice applies to you.

Methods Some Employers Use to Short Workers

Some employers make the calculation and determination of the commissions incredibly confusing and complex. They may even miscalculate overtime pay for employees with commissions or bonuses.

They might tie commissions to a performance factor that is so discretionary and arbitrary that hard working sales representatives can never determine what they are owed. A worker may feel cheated out of earned commissions and simply give up in frustration.

Other employers might refuse to pay earned commissions altogether. This often happens when an employee leaves the company, despite having closed a deal or earned the commission.

Recover the Pay You Deserve

Were you not paid a bonus or commission you earned? Contact our employment law attorneys at Feldman Williams, PLLC. Our aggressive representation will ensure you get the compensation you deserve.

Your Protections Under State Law

The laws in Florida and Georgia both hold that any commissions earned must be paid to an employee at the rates and amounts in the commission or compensation plan in effect, based under a Breach of Contract cause of action.

When Attorney’s Fees Are Covered

Georgia does not provide an attorney’s fee generally, except in situations where the employee sells wholesale products for an out of state company.  One Georgia statute (O.C.G.A. 10-1-702) specifically protects sales representatives for wholesale products.   All such sales reps must be paid all commissions earned within 30 days after termination of the sales representation contract. The employer or company can be required to pay the sales rep double the commissions owed in damages, plus attorneys’ fees.

Florida law provides for recovery of attorney’s fees pursuant to F.S. 448.08 for commissions and bonuses.  Similarly, in F.S. 448.08, any employer or company that fails to pay earned and owed commissions or bonuses is at risk to pay the Plaintiff’s attorneys fees, regardless of the amount of the commission or bonus owed, or the amount awarded by the court.  See Hingson v. MMI of Fla., Inc., 8 So. 3d 398, 401, 34 Fla. L. Weekly 588 (Dist. Ct. App. 2009). 

Why Employers Want to Settle

The more an employer fights an unpaid wage claim, the more attorney’s fees it will owe to the Plaintiff’s attorneys.  This usually creates a huge incentive to settle and pay the owed bonus or commission, but at the very least, an offer to compromise if the sums are disputed.

How Long do You Have to File a Complaint?

Time Frames for Florida and Georgia

Under Florida law, a person has only 2 years to file a complaint for recovery of their unpaid and owed commissions or bonuses, after which the right to recovery is barred by the statute of limitations, regardless of whether the agreement was oral or written.

However, in Georgia, there is a 6-year statute of limitations on a written contract, such as a commission plan or bonus plan. If there is only a verbal agreement, you still have 4 years to pursue the recovery of the unpaid commissions or wages.

If you are still owed commissions or bonuses, do not allow your unpaid commissions or bonuses to be forgotten. Instead, pursue your rights. It may not be too late.

The Law is on Your Side

Whether the agreement to pay a bonus is oral or in writing, any contractor or employee working for commissions or bonuses who earned a bonus or commission is legally entitled to recover the wages owed.  In Dade County, there is even an ordinance that awards 3 times the commissions owed for breach of the agreement.

Were You Denied a Commission or Bonus?

Your Legal Options

If you are a commissioned inside sales representative, outside sales representative, or just a worker who is owed a bonus, you should consult the lawyers of Feldman Williams, PLLC to see if we can help.  We offer free assessments for unpaid bonuses and commissions.


Our motto is “Justice for Workers.” Let us get justice for you. We will fight tirelessly for your unpaid wages, commissions and bonuses.