Florida Unpaid Commission Lawyer
Helping Employees Recover Unpaid Wages, Commissions, and Bonuses
Not getting paid what you’ve earned is more than a paperwork problem—it’s your rent, your bills, the revenue you were counting on. Unpaid commissions hit especially hard because they’re often the bulk of what you work for.
Florida law treats earned commissions as wages, which means you may be entitled to recover them even after leaving a job, and in some cases, you may pursue additional damages on top of what you’re owed. Whether a commission counts as “earned” usually comes down to the terms of your agreement and when the work was completed.
Benjamin Yormak is one of only a handful of attorneys in Florida who are board-certified in employment law, and he only represents employees, never employers. If a company is holding back commissions or wages you’re owed, he can help fight for your rights. Reach out for a free consultation.
Fair Labor Standards Act and Florida Minimum Wage Act
The federal Fair Labor Standards Act (FLSA) sets the floor for minimum wage and overtime pay, while the Florida Minimum Wage Act establishes a higher state minimum wage that is adjusted annually for inflation.
Many employers may attempt to avoid paying employees their rightfully earned wages, commissions, and bonuses by misclassifying them as exempt from these regulations or by manipulating hours worked.
Where the FLSA applies—for instance, when unpaid commissions cause the effective wage to fall below the minimum wage or overtime to go unpaid—employees can recover liquidated damages equal to the unpaid amount, effectively doubling their recovery.
Unpaid Commissions and Wage Theft in Florida
Wage theft affects employees across all industries. When an employer fails to pay wages, commissions, or bonuses rightfully earned by an employee, the law is on your side. In some cases, wage theft can involve unpaid overtime, withholding of final paychecks, or even the failure to pay vacation earnings.
Under the FLSA and the Florida Minimum Wage Act, employees have the right to be paid for the work they perform under their employment contract.
Unpaid Commissions and Bonuses Under Florida Law
Unpaid commissions are most often recovered under breach of contract law. However, employees may be entitled to monetary court awards, including liquidated damages under the FLSA and the Florida Minimum Wage Act, prejudgment interest, and, under the civil theft statute, up to three times the actual damages sustained. Under the FLSA and Florida law, if an employee prevails in a wage dispute case, the employer may also be required to pay the employee’s attorney’s fees.
Written Contracts and Verbal Agreements
Many commission disputes happen because of ambiguities in written contracts or verbal agreements. Employers may try to avoid paying commissions by arguing that the employee did not meet certain performance benchmarks or that the commission structure was based on a gross margin or other criteria.
In such cases, a skilled employment lawyer can help analyze the written contract or verbal agreement to determine the validity of these claims.
Accrued Commissions and Final Paychecks
Florida does not have a statute setting a specific deadline for final paychecks. In practice, final wages and accrued commissions are typically paid on the next regularly scheduled payday, and any earlier deadline depends on the terms of the employment contract or the employer’s written policy. When an employer holds back commissions that were earned before separation, you may have a claim for breach of contract or, where the facts support it, under the FLSA or the Florida Minimum Wage Act.
Independent Contractors and Unpaid Commissions
Independent contractors (not considered employees under the FLSA) may still be entitled to recover unpaid commissions under Florida law. An experienced unpaid commission lawyer can help determine whether an independent contractor has a valid claim for unpaid commissions.
Preserving Employment Records
When pursuing an unpaid commission claim, it is essential to gather and preserve all relevant employment records and any written contracts or agreements regarding your commission structure. These documents can provide crucial evidence in proving your entitlement to unpaid commissions and other lost wages.
Contact Us for a Free Consultation
Don’t let your employer’s strategy to avoid paying your rightfully earned wages, commissions, and bonuses go unchallenged. If you are an employee in Florida who is owed unpaid wages or commissions, contact Yormak Employment & Disability Law today to schedule a free consultation.
Frequently Asked Questions
When can I recover unpaid commissions after leaving my job?
You may still be entitled to recover unpaid wages and commissions even after your employment ends, particularly when sales were closed or quotas were met before your departure. The question often comes down to the mutual understanding between you and the other party about when a commission is considered fully earned. If the contract terms were satisfied before separation, refusing to pay can constitute a breach of contract, regardless of why you left.
How does the Florida Minimum Wage Act protect commissioned workers?
The Florida Minimum Wage Act adds state-level wage protections on top of federal law, and it generally applies whether you are paid hourly, by salary, or by commission. If a commission arrangement causes your effective hourly rate to drop below Florida’s minimum, you may have a claim under both the relevant Florida statute and applicable federal laws.
Does it matter whether my commission agreement was written or verbal?
Both written and verbal commission arrangements can be enforceable in Florida, though written agreements generally make it easier to prove what you were promised. Courts often look at the language of the employment agreement, any commission schedules, and whether there was a clear meeting of the minds about when commissions would be paid. Even without a formal contract, a consistent pay practice may support a claim under contract law.
What if my employer also owes me unpaid bonuses or vacation pay?
Commission claims often surface alongside other forms of wage theft, including unpaid bonuses, performance incentives, and vacation time earned but never paid out. If your employer routinely held back an incentive you qualified for or failed to track hours worked, those claims can sometimes be combined with your commission claim. An attorney can review your pay records and identify the strongest remedies across each category.