Florida Unpaid Commission Lawyer
Helping Employees Recover Unpaid Wages and Commissions
At Yormak Employment & Disability Law, we understand that unpaid wages, including unpaid commissions, can have a significant impact on an employee’s livelihood. As one of the few board-certified employment law experts in Florida, Benjamin Yormak has dedicated his practice to helping employees navigate the complexities of Florida’s employment laws. If you believe you are owed unpaid commissions, we are here to help you recover those wages and protect your rights. Contact us today for a free consultation.
Unpaid Commissions and Wage Theft in Florida
Wage theft is a serious issue that affects employees across all industries. It occurs when an employer fails to pay wages, commissions, or bonuses rightfully earned by an employee. In some cases, wage theft can involve unpaid overtime, withholding of final paychecks, or even the failure to pay vacation earnings. Florida law recognizes that employees have a right to timely payment for the work performed, and our team at Yormak Employment & Disability Law is committed to ensuring that employees receive their rightfully earned wages and commissions.
Recovering Unpaid Wages and Commissions Under Florida Law
Unpaid commissions are most often recovered under breach of contract law. However, in some cases, civil theft, the federal FLSA, and/or the Florida Minimum Wage Act may also apply. The legal theory used to recover unpaid wages and commissions will depend on the specific circumstances of the case.
When an employer owes back wages or unpaid commissions, the employee may be entitled to monetary court awards, including liquidated damages, prejudgment interest, and even punitive damages. 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, making it easier for employees to pursue their claims without concern for the cost of legal representation.
Understanding the Importance of Written Contracts and Verbal Agreements
Many commission disputes arise from 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 these cases, a skilled employment lawyer can help analyze the written contract or verbal agreement to determine the validity of these claims and ensure that employees are paid in a timely manner for the work they performed.
Accrued Commissions and Final Paychecks
Under Florida law, employees who leave their jobs are typically entitled to receive their final paychecks, which may include any accrued commissions, within a specific timeframe. If an employer fails to pay these commissions, the employee may file suit to recover the unpaid earnings. In some cases, employees may also be entitled to recover lost wages, including any unpaid overtime or break times that were not properly compensated.
Independent Contractors and Unpaid Commissions
Independent contractors, who are 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 and guide them through the legal process to recover their rightfully earned wages.
Navigating the Complexities of the Fair Labor Standards Act and Florida Minimum Wage Act
The federal Fair Labor Standards Act (FLSA) and the Florida Minimum Wage Act establish guidelines for minimum wage, overtime pay, and other wage-related matters. 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.
Our experienced unpaid commission lawyer is well-versed in both the FLSA and Florida Minimum Wage Act and can help you navigate these complex regulations to recover your lost wages. In some cases, employees may be entitled to double damages under the FLSA, meaning they could recover twice the amount of unpaid wages and commissions they are owed.
Preserving Your Personnel File and Employment Records
When pursuing an unpaid commission claim, it is essential to gather and preserve all relevant employment records, including your personnel file, pay stubs, 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.
In some instances, employers may attempt to alter or destroy employment records to avoid paying employees their rightfully earned wages. Our unpaid commission lawyer can help you secure and preserve these records to ensure that your rights are protected throughout the legal process.
Why Choose Yormak Employment & Disability Law for Your Unpaid Commission Claim
As one of the few board-certified employment law experts in Florida, Benjamin Yormak has a proven track record of success in handling unpaid commission disputes. Our team at Yormak Employment & Disability Law is committed to providing personalized and effective legal representation to employees throughout the state of Florida.
When you choose our firm to represent you in your unpaid commission claim, you can expect:
- A thorough and free case evaluation to assess your legal options
- Expert guidance through the complexities of the FLSA, Florida Minimum Wage Act, and other relevant laws
- Aggressive advocacy to recover your unpaid wages, commissions, and bonuses
- A commitment to holding employers accountable for their actions and ensuring that your rights are protected
Free Case Evaluation for Unpaid Commission Disputes
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 case evaluation and learn how we can help you recover the compensation you deserve.