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  1. #1
    Join Date
    Sep 2013
    Posts
    1

    Default Implied Contract for Payment of Commissions

    My question involves employment and labor law for the state of: Florida.
    I recently left a job where the employees had opportunities, since the base pay was low (above minimum wage), to earn extra money for selling a product (the company called these "commissions", and they were noted on paycheck stubs as "Commission"). These opportunities were presented to potential employees before hire as commissions, and a way to increase pay. The company that I worked for has no handbook that informs the employee of what benefits are earned, and when, and it was not uncommon to receive different answers from different managers, or even the same manager, when inquiring about "benefits". This company has a high rate of turnover of employees. It is their practice to delay paying the commissions (sometimes up to 3 or 4 months after the sales) so as to avoid paying to an employee who has left the company. When I was recently offered a job with a different company I gave two weeks notice. I was informed a few days later that I would not be scheduled to work after the first week of my two week notice. At that time I inquired as to how and when the company would be paying me the commissions I had earned. I was told flat out that I would not be paid any of the commissions I had earned (other employees had told me that this is what they would do when I left the company). I was only there six months and received payment for commissions only once. I believe that there was an implied or oral contract between the company and myself (they paid me once) to sell the product. I believe that without an employee handbook that specifically says commissions will not be paid after leaving the company, and the fact that they paid me once for selling the product, I can win in small claims court. I have copies of the daily sales log for myself, so I know what I've been paid for and what I'm owed. What are your thoughts? Thank you for your time.

  2. #2
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Implied Contract for Payment of Commissions

    Implied and/or oral contracts carry exactly the same amount of weight as the paper they're printed on.

  3. #3
    Join Date
    Aug 2013
    Posts
    284

    Default Re: Implied Contract for Payment of Commissions

    What are you selling? Where are you selling it? I am NOT asking for the name of the employer.

    -----

    Very briefly, there is a federal law called FLSA which has rules on minimum wage (MW) and overtime (OT). It mostly has no rules on commissions. This law has many exceptions, but if I know your industry and job duties, I can probably figure out exactly which exceptions (if any) apply. It is very difficult to get around the MW rules. OT on the other hand has a lot of exceptions. FL has a reputation for having very little in the way of labor law, and for not enforcing what little labor law it does have. While federal law is everywhere, in FL, it is pretty much all there is.

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