Leaving a job can bring up many concerns, especially when unpaid commissions remain unresolved. In Florida, recovering these commissions after parting ways with an employer involves specific legal considerations.
Understanding these factors will help you explore your rights to pursue unpaid commissions.
Refer to your employment contract or commission policy
Florida law generally allows employees to pursue unpaid commissions even after leaving a job. However, the ability to retrieve these commissions often depends on the terms of the employment contract or commission policy. If the contract or policy outlines the conditions for earning and paying commissions, these terms will guide you through the process. If the terms for paying commissions are not set forth in a contract or policy, the employee will generally be entitled to post-termination commissions so long as the commission has been earned prior to termination and the employer has received payment from the customer or client.
Consider when you earned the commission
One key factor to consider is whether you earned the commission before leaving the job. If you completed the work necessary to earn the commission while still employed, you likely have a right to receive the payment. However, if the commission was contingent on completing certain tasks or reaching specific milestones that did not occur before you left, retrieving the commission may be more challenging. If, for example, the employer assigns the work to another employee and pays that employee a commission, you may not be deemed to have “earned” the commission.
Note the timing of payments
Florida law on the terms and conditions of employment requires employers to pay all due wages, including commissions, by the next regular payday after an employee leaves. If the employer fails to do so, the employee may have a valid claim for unpaid wages. This claim could include any unpaid commissions that were due according to the employment contract or company policies. However, if the employer has not received payment from the client, the employer may be justified in delaying the commission payment.
Retrieving unpaid commissions after resignation or termination is possible in many cases. Taking prompt action and maintaining thorough records can increase the chances of successfully recovering the payment you deserve.