Tampa Unpaid Commissions And Bonuses Attorneys
Commission and bonus structures are often complex and unclear. Our lawyers know the law concerning commissions and bonuses, including the industry standards for amount, timing, and entitlement.
Award Winning Unpaid Commissions And Bonuses Attorneys
Unpaid Commissions And Bonuses Lawyers In Tampa, Florida
Commissions and bonuses are forms of financial incentives that are typically offered to employees or sales professionals to motivate and reward their performance. While they share the common goal of encouraging higher productivity and achievement, they have different structures and purposes. If you work or live in Tampa, Florida and you believe you are owed unpaid commissions or bonuses, it is possible to pursue legal action to recover those earnings.
The ability to sue for unpaid commissions or bonuses depends on various factors, including the terms of your employment contract, company policies, and the applicable labor laws. Enforcement of unpaid commissions and bonuses is often accomplished by suing under contract law, such as breach of contract or unjust enrichment claims. Accordingly, these cases typically depend on the specific terms outlined in the employment contract or commission agreement. Additionally, some commission and bonus structures are subject to wage protection laws.
Cantrell Schuette, P.A. specializes in employment law litigation, including disputes over unpaid commissions and bonuses. Our team of qualified lawyers regularly represents employees and independent contractors in claims for unpaid commissions and bonuses. We have successfully represented many top sales producers, executives and other highly compensation individuals. If you are in need of assistance or have questions concerning unpaid compensation, contact us today at (813) 705-6275 or coordinator@caklegal.com for a free consultation.
What are commissions and bonuses?
- Commissions
Commissions are typically a percentage or a fixed amount of money earned by an individual for achieving specific sales or performance-related goals. They are commonly used in sales roles, where employees are compensated based on the sales revenue they generate. For example, a salesperson might earn a commission of 5% for each sale they make. The more sales they close, the higher their commission earnings.
Commissions can vary based on different factors such as the type of product or service sold, the level of difficulty in making a sale, or the volume of sales achieved. They are a direct reflection of an employee’s efforts and the value they bring to the company.
- Bonuses
Bonuses are one-time or periodic additional payments given to employees based on their individual or team’s performance, company profitability, or other predetermined criteria. Unlike commissions, which are typically tied to sales performance, bonuses can be awarded for various achievements and contributions beyond just sales.
Bonuses can be discretionary or performance-based. Discretionary bonuses are given at the employer’s discretion and are not tied to specific metrics. Performance-based bonuses, on the other hand, are given when certain targets or goals are met or exceeded. For instance, a company might offer a performance-based bonus for achieving annual revenue targets or completing a project ahead of schedule.
Both commissions and bonuses can serve as powerful tools for motivating employees, improving productivity, and rewarding outstanding performance. They also help align the interests of employees with the company’s goals, fostering a culture of achievement and excellence.
We have extensive experience representing individuals in Tampa who have not been paid deserved commissions or bonuses. We have a clear track record of success with our clients seeing considerable monetary recovery for their claims. Our team of practiced Tampa unpaid commissions and bonuses attorneys can help you, contact us today at (813) 705-6275 or coordinator@caklegal.com for a free consultation.
I have not been paid commissions or bonuses owed to me, what can I do?
If you believe that your employer is withholding commissions or bonuses that you earned, hiring an attorney to ensure you are compensated may be your best option. The follow steps can help prepare you for filing a lawsuit:
- Review the employment contract: The first step is to review the employment contract or agreement to understand the terms and conditions regarding commissions and bonuses. The contract should outline the specific criteria for earning these payments, the timing of disbursement, and any conditions for eligibility.
- Document the Claim: Document the details of the unpaid commissions or bonuses, including the amount owed, the period of performance, and any other relevant information. This documentation will serve as evidence in case of a dispute.
- Gather evidence: Collect any documentation that supports your claim, such as sales records, emails, or other evidence indicating that you are entitled to the unpaid commissions or bonuses.
- Communication with your employer: If you believe you are owed unpaid commissions or bonuses, communicate with your employer or the relevant human resources department regarding what you believe is owed to you. This can be done through a formal letter or email, clearly stating the amount owed and the reasons for the claim. However you choose to correspond with your employer be sure to document the communication to have a record of the issue.
- Mediation or negotiation: In some cases, you may attempt to resolve the matter through mediation or negotiation. A third-party mediator can facilitate discussions between you and the employer to reach a fair settlement. This can often be accomplished with the help of HR representatives or supervisors.
Sometimes simply demanding what you are owed is sufficient; often, however, the only avenue for just compensation is through the legal process. If all other methods fail, you may consider taking legal action against the employer to recover the unpaid commissions or bonuses. This could involve filing a complaint with the labor department, filing a lawsuit in a Tampa civil court, and in some cases joining with similarly situated employees to file a class action lawsuit.
How you recover unpaid commissions and bonuses will depend greatly on the specific facts of your case. In most instances, unpaid commissions and bonuses must be enforced under contract law, specifically a breach of contract or unjust enrichment claim. However, some commission and bonus structures are subject to recovery under Florida’s Minimum Wage Act or the Fair Labor Standards Act. In rare cases, an employee may have a civil theft claim for unpaid commissions and bonuses when the employer is acting maliciously in withholding payment.
Both Hillsborough and Pinellas Counties have ordinances that specifically protect employees for unpaid wages. The Hillsborough County Wage Recovery Ordinance applies to employers located in Hillsborough County, even if the employee works remotely outside of Hillsborough County. Notably, neither ordinance applies to independent contractors.
If your lawsuit is based on contract law, be aware that some employment contracts require participation in arbitration or other dispute resolution procedures. If so, you may have to participate in these alternative processes before proceeding to court.
It is essential to note that the specific legal avenues available to enforce unpaid commissions and bonuses are convoluted. Therefore, seeking legal advice from an employment attorney familiar with Tampa courts, laws and regulations is highly recommended for anyone facing issues related to unpaid commissions and bonuses. The excellent lawyers at Cantrell Schuette. are prepared to help you pursue legal action if necessary. Contact us today for a free initial consultation at (813) 705-6275 or coordinator@caklegal.com.
I was terminated, am I still owed compensation for commissions or bonuses earned?
Whether you are owed commissions and bonuses after termination depends on the specific terms of your employment contract, company policies, and the applicable labor laws in Tampa, Florida. Generally, you must be paid all earned commissions or bonuses even after your work relationship ends with a company. However, sometime parties have a mutual understanding that commissions are not due post-termination. The following are several factors to consider in determining whether you are owed commissions or bonuses post-termination:
- Employment Contract: Review your employment contract to see if it outlines provisions related to commissions and bonuses after termination. Some contracts may specify that certain types of commissions or bonuses are payable even after employment ends, while others may not.
- Company Policies: Check your company’s policies regarding commissions and bonuses. Some companies may have policies that address post-termination payments, while others may not have such provisions.
- Termination Reason: The circumstances of your termination can also impact whether you are entitled to receive commissions and bonuses. If you were terminated for cause (e.g., misconduct or violation of company policies), the company may argue that you forfeit any unpaid commissions or bonuses.
- Timing and Performance Requirements: Some commission or bonus structures may have specific timing and performance requirements that need to be met before payment. If you were terminated before meeting these criteria, you might not be eligible for payment.
If you believe you are owed commissions and bonuses after termination, you should consult with a competent employment lawyer in Tampa. We can review your contract, company policies, and the circumstances of your termination to determine your rights and whether you have a valid claim to pursue. Reach out to us today at (813) 705-6275 or coordinator@caklegal.com for a free consultation.
I don’t have a written employment contract, but my employer promised me commissions, can I still sue?
In Tampa, Florida, like in many other jurisdictions, oral agreements can be enforceable in certain situations, including agreements for commissions or bonuses. However, enforcing oral agreements can be more challenging compared to written agreements because the terms and conditions may be difficult to prove without written documentation.
Be aware that Florida’s “Statute of Frauds” requires that certain types of contracts be in writing to be enforceable. However, the statute of frauds generally does not apply to contracts that can be performed within one year from the date of making the agreement. Understanding how and when the statute of frauds requires a contract to be in writing can be difficult for even some lawyers to understand.
Thus, if you’re dealing with an oral commission agreement, it is best to consult with a skilled attorney in Tampa, Florida who can provide advice tailored to your specific situation. Cantrell Schuette P.A.’s skilled Tampa employment attorneys can evaluate the details of your agreement and advise you on its enforceability and potential legal remedies if any party fails to fulfill their obligations under the agreement. For a free consultation, contact us today at (813) 705-6275 or coordinator@caklegal.com.
How long do I have to bring a claim for unpaid commissions or bonuses; i.e. what is the statute of limitations for these claims?
In Tampa, Florida, there is a limited time frame within which you can file a lawsuit for unpaid wages. These time limits are often called “statutes of limitations.” You should be mindful of the statute of limitations in Florida, as it may affect your ability to bring a claim for unpaid commissions or bonuses.
If the statute of limitations expires, you may lose your right to pursue legal action, so you must act fast. Section 95.11(2)(b) of the Florida Statutes requires breach of contract claims based on a written contract to be filed within five (5) years from the time the commissions or bonuses were owed to you. This means that if you have a written employment agreement, you have five years from the date the breach occurred to file a lawsuit to enforce the contract or seek damages for the breach. On the other hand, if your employment agreement was made verbally or orally, or you are suing under an unjust enrichment theory, you only have four (4) years to file suit. Section 95.11(3)(k) of the Florida Statutes. If your claim is brought pursuant to Florida’s Minimum Wage Act, then you only have TWO (2) years.
Keep in mind that statutes of limitations can vary depending on the specific circumstances of the case and the type of contract involved. It is always best to consult with a qualified Tampa attorney to get the most up-to-date and accurate information regarding your particular situation. Don’t hesitate. Contact Cantrell Schuette today for a free initial consultation at (813) 705-6275 or coordinator@caklegal.com.
For additional information, please see our article answering Frequently Asked Questions on Commissions and Bonuses in Florida.
