I Have Been Refused Commissions I Am Due Under Contract. What Can I Do Now?
If you are part of a professional sales force, making a sale can take a tremendous amount of work, from cold calling, following up on leads, site visits, and negotiating terms, until the final moment when both parties sign the contract and the sale is complete. In some cases, the sales cycle can take months, or even years. If you are paid on commission, you are entitled to receive the compensation you are due. Unfortunately, some employers take advantage of their sales reps and refuse to pay commissions they previously promised. Many employees are scared to fight for their rights because they believe they can’t take on a business. Fortunately, if a company has refused to pay your commissions due, the law is on your side.
Contract Review
The first step in fighting for your commissions is meeting with Rader Law Group to review your contract. If your contract is in writing, your case will likely be easier to prove, however, oral contracts are valid in Florida, so you may still be able to receive your commissions if you had a verbal agreement with your employer. The contract should include details on how you earn a commission as well as the percent or dollar value of the commission. It should also include information on the performance requirements for the commission (if any) as well as its payment schedule and any other pertinent details. If your contract is unclear on the details or was an oral contract, you will need supplementary evidence, such as texts or emails, to support your case.
Your Options to Recover Your Commissions
The most common approach to recover your commissions is to sue your employer for breach of contract. If your employer agreed to pay you a commission when you make a sale and they refuse to pay, they are breaking their contract with you. Not only is the company obligated to pay your commissions, they may also be obliged to pay your attorney’s fees as well. For this reason, many employers will pay the commissions due once they find out that you have an attorney to minimize their incremental costs.
A second option for recovering your commissions is suing your employer for civil theft. While theft is generally reserved for criminal cases, civil theft is a special exception that allows an employee to sue their employer if the employer committed fraud or stole from them. In a civil theft case, you can win up to three times the value of your unpaid commissions. Not all cases of unpaid commissions are civil theft, so your attorney will review the details of your case to determine if this option applies to your situation.
If you have unpaid commission due, you have a limited amount of time to sue your employer to compel them to pay. Contact Rader Law Group today for a free case evaluation to start the process of achieving financial justice.
Rader Law Group, LLC
With decades and decades combined experience, the attorneys at Rader Law Group understand the meaning of Justice. Our one and only mission is to get each client the justice he or she deserves; our team of attorneys never back down when we know our client is right.
We offer our clients the compassion and guidance they need as they work through trying times in their lives. The balance of working relentlessly for our clients combined with our caring approach has helped us achieve a fantastic record of success with our clients. We get our clients the justice they deserve.
At Rader Law Group, You matter. Your justice matters. Your Justice Starts Here. 954-913-2273.
