Latest / BSPE Legal Marketing Podcast / Miami Unpaid Commissions and Bonuses Lawyer - BT Law Group, PLLC
Transcript
- 0:00Miami Unpaid Commissions and Bonuses Lawyer You made the sales, hit every target, and held up your end of the deal — but when your employment ended, the commission or bonus you earned never reached your paycheck.
- 0:11In Florida, leaving a job does not automatically erase compensation you already earned, and your right to payment depends on the agreement, plan terms, and conditions that governed your compensation.
- 0:20When an agreement does not specify exactly when a commission is earned, Florida courts have generally treated the commission as earned at the moment the sale is made.
- 0:29The terms of your commission or bonus arrangement do not always appear in a single document — offer letters, emails, handbooks, plan amendments, and payout statements can all establish the applicable rate and payment conditions.
- 0:42An oral commission agreement can be enforceable in Florida, with emails and other records helping establish the agreed rate, though certain agreements must be supported by a signed writing under Florida's Statute of Frauds.
- 0:54A bonus is more likely to be legally enforceable when payment is tied to defined conditions — such as a specific sales quota, revenue target, or project milestone — rather than left entirely to the employer's discretion.
- 1:06Even after employment ends, an employee does not automatically forfeit an earned commission, though the right to post-separation payment depends on when the commission was earned and whether any agreement addressed payment upon separation.
- 1:19Commission plans can also provide for continued payments after employment ends on business generated during the employment relationship, which are commonly referred to as commission tails.
- 1:29Disputes can also arise when an employer reclassifies an account as a house account and stops crediting commissions to the employee who originally generated that business.
- 1:39An employee who proves that earned commissions or bonuses were withheld can seek recovery of the compensation owed, and Florida Statutes § 448.08 allows a court to award reasonable attorney's fees to the prevailing party in an unpaid wage action.
- 1:55Florida courts have treated unpaid commissions and bonuses as wages under § 448.08, making that statute a critical tool for employees pursuing these claims against their employers.
- 2:08The team at BT Law Group, PLLC reviews commission plans, employment agreements, and pay records to determine what compensation may still be owed and whether a valid claim exists under Florida law.
- 2:19If you believe your employer has withheld commissions or bonuses you rightfully earned, a skilled attorney from BT Law Group, PLLC is ready to explain your options and help you pursue every dollar owed.
- 2:30Call BT Law Group, PLLC at 305, 507, 8506, located at 3050 Biscayne Blvd STE 205, Miami, FL 33137, United States, to schedule your consultation with a Miami wage and hour lawyer today.