Were You Cheated out of a Commission or Bonus?/

An Unpaid Commissions Lawyer Can Help

Commissions and bonuses, to the company for which you work, are an expense.  And, the lower your employer’s expenses, the more money they make. Because profitability is at the heart of business goals, many employers intentionally withhold the written details regarding their commission or bonus plans.  This deliberate action allows them to unilaterally and arbitrarily change the terms and manipulate the payment of earned bonuses and commissions to their hard-working sales representatives.

Whether you’re an inside sales representative, an outside sales representative, or an independent contractor, if you have not received the compensation you have earned, you may have a legal claim.

A Florida unpaid commission and unpaid bonus attorney can explain your rights and assess the compensation which is due to you. He or she knows the ins and outs when suing for unpaid commissions and can help you get what you have earned and so rightly deserve.

Methods Some Employers Use to Short Workers

Unpaid Commission Strategies Are Unfair to Hardworking Employees/

When things are complicated, we often “tune out”. Taking the time to understand can be overwhelming and exhausting.  Employers know this. As such, some make the calculation and determination of commissions incredibly confusing and complex. They may even miscalculate overtime pay for employees with commissions or bonuses. They are banking on the fact that their employees will be too confused to review their pay calculations and instead will simply accept their paycheck as correct.

By avoiding clear and concise communication, the company benefits. In fact, they may even tie their sales commissions to a performance factor that is so discretionary and arbitrary that it becomes impossible for hard-working sales representatives to determine what they are owed. In the end, employees may feel cheated out of earned commissions and simply give up in frustration.

Nonpayment of earned income is common. Some employers actually refuse to pay earned commissions altogether. This often occurs when an employee leaves the company, despite having closed a deal, prior to their exit,  that earned a commission. If the commission was earned while you were employed by a specific company, they should pay you.

Recovering Unpaid Commissions

How To Get What You’ve Earned

Hard work and success deserve to be rewarded, especially if you were promised a specific compensation structure upon being hired. However, not every company lives up to its word. Were you not paid a bonus or commission you earned? If so, you may be able to recover these lost wages. Contact our employment law attorneys at Feldman Legal Group. Our aggressive representation will ensure you get the compensation you deserve.

Your Protections Under State Law

Both Florida and Georgia Laws Protect the Employees

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 Are Your Attorney’s Fees Covered?

When your employer does not appropriately compensate you in the form of commissions for your successful sales, your earnings drop below the levels you expect. As a salesperson, commission payments are critical. When your income is less than expected, you begin to question all of your expenses and ask yourself a host of questions. Will the cost of suing for unpaid commissions (the attorney’s fee) outpace my earned commissions? The state-specific laws in Florida and George clearly illustrate the cases in which attorney’s fees are covered.

In general, Georgia does not provide reimbursement for an attorney’s fee.  However, there are specific situations where they do cover them, including when 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 the termination of the sales representation contract.  Penalties for non-compliance are significant. The employer or company can be required to pay the sales rep double the commissions owed in damages, plus attorneys’ fees.

On the other hand, Florida law on unpaid commissions provides for the recovery of attorney’s fees pursuant to F.S. 448.08 for commissions and bonuses.  It states that 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.  Hingson v. MMI of Fla., Inc., 8 So. 3d 398, 401, 34 Fla. L. Weekly 588 (Dist. Ct. App. 2009) is a local case illustrating the recovery of attorney’s fees in Tampa, Florida.

Suing Employers for Unpaid Commissions

Why Employers Want to Settle

Time is money. This adage, when applied to litigation regarding unpaid wage claims, could not be more true. In fact, for an employer, disputing these claims can be costly, both in time and legal fees. The more an employer fights an unpaid wage claim, the greater the attorney’s fees it will owe to the Plaintiff’s attorneys.

Legal expenses, as you would expect, decrease the profitability of all businesses.

The threat of rising expenses usually creates a significant incentive for the employer to settle unpaid wage claims and pay the owed bonus or commission.

If the amount to be paid is at the heart of the issue, many firms will at least offer to compromise during the negotiation phase.

How Long Do You Have to File a Complaint?

Timing Matters: Unpaid Commissions Lawyers Share Filing Limits for Florida and Georgia

If you believe you are owed commissions or compensation for your work, contact an unpaid commissions lawyer today. The timeframe in which you can file suit to legally recover these wages is limited, so acting quickly is in your best interest. Legal time frames vary by state, so how long you have is dependent upon where you work.

Under Florida law on unpaid commissions, a person has only 2 years to file a complaint about the recovery of their unpaid and owed commissions or bonuses. If you want longer than this, your right to recovery is barred by the statute of limitations, regardless of whether the agreement was oral or written.

Georgia, on the other hand,  provides a more generous time period within which to file your unpaid wages claim which regards to commissions and bonuses.  This state, however, does distinguish between written contracts and verbal agreements. If you have a written employment contract that outlines your compensation plan and includes commission and bonus payments, the statute of limitations within which you must file your claim is 6 years from the date upon which you should have been paid. Should the promise of such compensation have been verbally agreed upon, you would have 4 years in which to file.

It is critical that if you are owed commissions or bonuses you should not wait. Time is not your friend.  Pursue your rights today; it may not be too late.

It is critical that if you are owed commissions or bonuses you should not wait. Time is not your friend. Pursue your rights today; it may not be too late.

How To Collect Unpaid Commissions

Rest Assured Knowing That the Law Is on Your Side

In both Florida and Georgia, there are laws to protect individuals whose employers withhold earned commissions and/or bonuses. In order to file suit, you and your employer must have made an agreement regarding the payment of compensation. However, the format of the agreement, if it is written or verbal, does not affect the fact that the compensation is due.

If you have an agreement and have earned commissions or bonuses, you are legally entitled to recover the wages owed.

In fact, in Dade County Florida, there is even an ordinance that awards 3 times the commissions owed for breach of the agreement.

Were You Denied a Commission or Bonus?

Suing an Employer for not Paying Commissions

You deserve to be paid according to the agreement you have with your employer. If you are a commissioned inside sales representative, outside sales representative, or an employee who is owed a bonus, consult the employment lawyers of Feldman Legal Group today at 877-946-8293, We know how to collect unpaid commissions and can leverage our experience on your behalf. Operating in both Florida and Georgia, our attorneys know the laws of both states and have a reputation for helping our clients successfully recover what is rightly theirs.

We are committed to protecting the best interests of those working both in Florida and Georgia. Our motto is “Justice for Workers.” Let us get justice for you. We will fully investigate your claims and fight tirelessly for your unpaid wages, commissions, and bonuses. You work hard and should be compensated appropriately.