Miami Unpaid Commissions & Bonuses Lawyers
We are one of the few law firms in Miami that focuses its practice almost entirely on employment law, including the handling of claims for unpaid commissions and unpaid bonuses.
Award Winning Unpaid Commissions & Bonuses Attorneys in Miami
Commissions and bonuses are types of compensation often used by companies to incentivize and reward employees or sales representatives based on their performance and achievements. Both commissions and bonuses serve as motivational tools to encourage individuals to work harder, meet specific targets, and contribute to the company’s overall success. Commission-based compensation is common in various industries, especially in sales and marketing roles, where a portion of an employee’s pay is tied to the sales they generate. It’s essential to note that the structure of commissions and bonuses can vary significantly from one company to another.
Lawsuits for unpaid commissions and bonuses typically arise when a salesperson or an employee has not received the agreed-upon payments from their employer. Notably, employees or independent contractors working in Miami have legal options when their commissions or bonuses are left unpaid. The commission or bonus structure and specific circumstances of your case will determine what laws apply to your unpaid commissions or bonus lawsuit. While most unpaid commission lawsuits are based on breach of contract, there are federal, state, and local laws that may apply to your case.
Cantrell Schuette, P.A. has significant experience handling unpaid commission and bonus claims. Our lawyers routinely succeed in recovering for our clients; clients who come from every industry and background, including entrepreneurs, sales producers, recruiters, financial brokers, real estate agents, c-suite executives, and Fortune 500 companies. We know employment law in Miami and are here to help. Contact our highly skilled Miami unpaid commission and bonus lawyers today for a free initial consultation at (305) 684-8004 or coordinator@caklegal.com.
Can I sue my employer for unpaid commissions or bonuses in Miami, Florida?
Enforcement of unpaid commissions in Miami, Florida is governed by Florida contract law, state labor laws, federal labor laws, and/or local ordinances and may vary depending on the specific circumstances of the case. Typically, unpaid commissions are addressed under contract law and the terms outlined in the employment contract or commission agreement. If you have an agreement with your employer that entitles you to commissions, the contract will dictate the terms and conditions under which you are entitled to receive those commissions.
Under contract law, the most common way to recoup unpaid commissions or bonuses is through a breach of contract claim. When two or more parties enter into a contract, they agree to certain terms and conditions that govern their relationship and obligations. In Florida, a breach of contract occurs when one party fails to perform its obligations under a legally binding contract without a valid legal excuse. These contracts can be written, oral, or implied, but written contracts are generally preferred as they provide clear evidence of the parties’ intentions.
A breach of contract claim for unpaid commission or bonuses usually involves the following elements:
- Valid Contract: There must be a valid contract between the parties that establishes the terms and conditions regarding the payment of commissions or bonuses. There must be an offer, acceptance, and consideration (something of value exchanged between the parties) for the contract to be legally enforceable. The contract should clearly define the commission structure, rate, and how the commissions will be calculated and paid. It will likely outline the specific criteria for earning the commissions or bonuses and any requirements for eligibility.
- Performance: The party claiming unpaid commissions or bonuses must have performed their obligations as per the terms of the contract. For example, they should have made the sales or provided the services that entitle them to commissions.
- Material breach: A material breach is a substantial failure to perform a significant part of the contract. Minor or immaterial breaches may not be sufficient to support a valid claim. The breach must go to the core of the contract’s purpose or substantially affect the benefits expected under the agreement. For unpaid commission or bonus lawsuits, the material breach is often the employer’s failure to pay, i.e., non-payment.
- Damages: The individual must have suffered some form of harm or financial loss as a result of the employer’s breach of contract. This element is normally straight forward in unpaid commissions and bonuses cases as it is easy to show they suffered financial harm due to the unpaid commissions. However, be aware that the party claiming unpaid commissions normally must show that they took reasonable steps to mitigate their losses or damages resulting from the non-payment.
It’s important to note that contract law can be complex, and the specific details of each case may influence the elements required for a successful claim. If you believe you have a breach of contract claim for unpaid commissions in Miami, Florida, it’s advisable to seek legal advice from a qualified attorney to assess the merits of your case and guide you through the legal process.
Contact Cantrell Schuette, P.A.’s outstanding team of employment lawyers today for a free initial consultation at (305) 684-8004 or coordinator@caklegal.com
What should I look out for in my employment or commissions contract?
When reviewing or entering into an employment contract or independent contractor agreement, it’s essential to thoroughly review the document to protect your interests and ensure that you understand your rights and responsibilities. Here are some key elements you should look for in your employment contract or independent contractor agreement contract as it relates to potential commissions and bonus claims:
- Commission structure: The agreement should define how the commissions or bonuses will be calculated and paid. This could be a percentage of sales, a fixed amount, or another agreed-upon method. Make sure it’s clear when the commission will be earned and when it will be paid out.
- Terms and conditions: It should include the duration of the contract, renewal terms (if any), and any termination clauses. Pay attention to any minimum sales targets or performance requirements that may affect your commission.
- Exclusivity, non-competes and confidentiality: Determine whether the contract requires you to work exclusively with the employer and whether you are restricted from providing similar services to competitors during the contract period and potentially for a certain time after it ends. Likewise, look for clauses related to the protection of sensitive company information. If you breach one of these clauses, the employer may use it to prevent you from recouping unpaid commissions or bonuses.
- Payment terms: Determine the schedule and method of payment outlined in the contract. Also, be aware of any deductions or chargebacks that could affect your final commission or bonus amount.
- Arbitration Clauses: Review the process for resolving disputes, such as arbitration or mediation. If the agreement requires arbitration or mediation, you may have to participate in these alternative processes before proceeding with a lawsuit.
- Governing law and jurisdiction: Determine the laws and jurisdiction that will govern the contract in case of any legal issues. While you may live and work in Miami, Florida, a different state’s laws may apply.
- Notice: In some cases, the contract may require you to provide notice to the other party about the unpaid commissions or bonuses and an opportunity to cure the breach within a reasonable time frame before initiating legal action.
If you have questions or concerns about your employment contract, contact Cantrell Schuette, P.A.’s knowledgeable Miami unpaid commissions and bonuses lawyers today for a free initial consultation at (305) 684-8004 or coordinator@caklegal.com.
What statutes or ordinances allow recovery for unpaid commission and bonuses in Miami, Florida?
As noted, unpaid commissions are typically addressed under Florida contract law. However, there are also federal, state, and local laws that help individuals recover unpaid wages, such as commissions and bonuses. For example:
- Fair Labor Standards Act (FLSA): This federal law primarily governs minimum wage, overtime pay, and other employment standards in the United States. The FLSA focuses on ensuring that employees receive at least the federal minimum wage and overtime pay for hours worked over 40 in a workweek. While it does not specifically address commissions or bonuses, the act may apply if an employee is primarily paid by commissions and their total pay does not reach minimum wage requirements.
- Florida Minimum Wage Law: Florida has its own minimum wage law similar to the FLSA, which may be applicable in certain unpaid commissions or bonuses cases. Under this law, both unpaid commissions and bonuses fall under the category of “unpaid wages.” This inclusion is significant as the statute permits the awarding of attorney’s fees to the prevailing party in a civil action related to unpaid wages. Additionally, under certain circumstances, there may be the possibility of recovering liquidated damages, equivalent to twice the amount of wages owed.
- Miami-Dade Wage Theft Ordinance: This ordinance prohibits wage theft, which is the illegal practice of employers not paying their workers the wages they are entitled to, including minimum wage violations, unpaid overtime, withheld tips, and more. Miami workers who believe they have experienced wage theft can file a complaint with the Miami-Dade County Department of Regulatory and Economic Resources (RER). The ordinance also includes provisions to protect workers from retaliation by their employers for filing complaints.
Contact Cantrell Schuette, P.A.’s outstanding team of lawyers today for a free initial consultation at (305) 684-8004 or coordinator@caklegal.com.
What to Look for in a Miami Unpaid Commissions and Bonuses Attorney
When searching for a Miami lawyer to handle unpaid commissions or bonuses cases, it is essential to conduct a thorough comparison of the backgrounds of the attorneys you are considering. Beyond their subject matter expertise, take into account their educational credentials, past achievements, and the feedback provided by their references.
At Cantrell Schuette, P.A., our attorneys boast impressive qualifications from renowned law schools and have excelled academically. Their dedication is unwavering as they tirelessly advocate for our clients, always striving for an effective and efficient resolution. We are proud to offer references for your peace of mind. If you are in need of an unpaid commissions or bonuses attorney in Miami, Cantrell Schuette, P.A. is a top choice.
Moreover, when selecting an attorney to handle unpaid commissions or bonuses cases, prioritize one who genuinely cares about your well-being. At Cantrell Schuette, P.A., we have intentionally made unpaid wage claims one of our primary areas of expertise because we firmly believe that withholding rightful compensation is not only unlawful but also morally unacceptable. Our purpose is to represent you with the utmost care and concern.
Get in touch with Cantrell Schuette, P.A., where our seasoned employment lawyers stand ready to assist you in comprehending your rights, collecting evidence, and, if required, pursuing legal measures. Reach out to our team today for a complimentary initial consultation via phone at (305) 684-8004 or by emailing coordinator@caklegal.com.
For additional information, please see our article answering Frequently Asked Questions on Commissions and Bonuses in Florida.
