Bonuses:

Definition: Bonuses are extra payments awarded to employees on a one-time or periodic basis, determined by individual or team performance, company profitability, or other predefined criteria. In contrast to commissions, which are often linked to individual employee goals or sales, bonuses can be granted for metrics beyond what is in the employee’s control. They serve as additional monetary rewards for outstanding performance, achieving specific goals, or contributing to the overall success of the company, and may not necessarily be directly connected to goals set for the employee individually.

Payment Structure: Bonuses can be discretionary or tied to predefined criteria. Discretionary bonuses are granted at the employer’s discretion, without being tied to specific metrics, while guaranteed or performance-based bonuses are given when certain predetermined targets or goals are met. Examples include achieving annual revenue targets or completing a project ahead of schedule.

Legal Implications: If you are facing issues related to unpaid bonuses, it’s important to assess whether the bonus was guaranteed or discretionary. 

At Cantrell Astbury Kranz, P.A., we specialize in employment law and are committed to advocating for the rights of employees facing issues related to unpaid commissions and bonuses. Whether you are seeking legal advice, representation, or assistance in negotiating with your employer, our experienced attorneys are here to support you.

Don’t let unpaid commissions or bonuses go unaddressed. Contact Cantrell Astbury Kranz, P.A. today to explore your options and protect your rights as an employee in St. Petersburg, Florida.

My employer in St. Petersburg did not pay my earned commissions or bonuses, can I sue them? 

Cantrell Astbury Kranz, P.A., we understand the frustration and financial strain that can arise when employers fail to fulfill their commitment to pay earned commissions and bonuses. If you find yourself in a situation where your employer in St. Petersburg has not paid you the commissions or bonuses you rightfully earned, you may be wondering about your legal options.

Enforcement of unpaid commissions in St. Petersburg, Florida, is regulated by a combination of Florida contract law, state labor laws, federal labor laws, and local ordinances. The recovery of unpaid commissions and bonuses most often falls under contract law, specifically through a breach of contract or unjust enrichment claim. However, some structures may be subject to recovery under Florida’s Minimum Wage Act or the Fair Labor Standards Act. In rare cases, a civil theft claim may be applicable when the employer maliciously withholds payment.

Our dedicated team of employment law professionals is committed to helping individuals in St. Petersburg recover their rightfully earned commissions and bonuses. We have a proven track record of advocating for employees facing similar issues and can provide the legal expertise needed to pursue a resolution. 

If you believe your employer has failed to pay you the commissions or bonuses you deserve, contact Cantrell Astbury Kranz, P.A. today for a free consultation. Let us help you navigate the legal landscape and work towards securing the compensation you are entitled to. We can be reached at (727) 509-6555 or coordinator@caklegal.com.

Do I have a valid breach of contract claim against my St. Petersburg employer? 

Under Florida contract law, the primary avenue for recovering unpaid commissions or bonuses is through a breach of contract claim. When parties enter into a contract, they agree to certain terms and conditions that govern their relationship and obligations. A breach of contract occurs when one party fails to perform its obligations under a legally binding contract without a valid legal excuse. 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.

The following is a brief outline of the key elements of a breach of contract claim for unpaid commissions or bonuses:

1. Existence of a Valid Contract: There must be a valid contract between the parties that establishes the terms and conditions regarding the payment of commissions or bonuses. 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.

    

2. Performance: The party claiming unpaid commissions or bonuses must have fulfilled their obligations as per the terms of the contract. For instance, they should have made the sales or provided the services that entitle them to commissions.

    

3. Material Breach: A material breach is a substantial failure to perform a significant part of the contract. The breach must go to the core of the contract’s purpose or substantially affect the benefits expected under the agreement. In the context of unpaid commissions or bonus lawsuits, the material breach is often the employer’s failure to pay.

    

4. Damages: The employee must have suffered some form of harm or financial loss as a result of the employer’s breach of contract. It is typically straightforward in unpaid commissions and bonuses cases to show financial harm due to non-payment. However, the party claiming unpaid commissions usually needs to demonstrate reasonable efforts to mitigate their losses resulting from non-payment.

Be aware that some employment contracts may mandate participation in arbitration or alternative dispute resolution procedures before pursuing court action. Contract law can be complicated, 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 St. Petersburg, Florida, it’s recommended to seek legal advice from a qualified attorney. We can assess the merits of your case and guide you through the legal process. Don’t hesitate to contact us for a free consultation at (727) 509-6555 or coordinator@caklegal.com.

I want to file a lawsuit against my employer in St. Petersburg for unpaid commissions or bonuses, what should I do to prepare? 

If you believe you are owned unpaid commissions or bonuses it is crucial to consult with a legal professional to get advice tailored to your specific situation. It’s highly recommended to consult with an attorney who specializes in contract law or employment law. Luckily, the attorneys at Cantrell Astbury Kranz, P.A. are experts in both contract and employment law. We can provide legal advice, assess the strength of your case, and guide you through the legal process.

The following provides some general guidance on steps you might consider taking if you’re preparing to file a breach of contract claim for unpaid commissions in St. Petersburg, Florida: 

1. Review the Contract: Carefully review the contract that governs your employment with special attention to the relevant commission or bonus agreement. Look for specific terms related to commissions, bonuses, payment schedules, and any conditions that might trigger non-payment. Understand the terms and conditions related to commissions and bonuses, including criteria for earning, disbursement timing, and eligibility conditions.

    

2. Gather Evidence: Collect supporting documentation for your claim. Gather and organize all relevant documents, including your employment contract, emails, invoices, and any other communications related to the commission agreement. Having a clear paper trail can strengthen your case.

    

3. Document Everything: Thoroughly document the details of the unpaid commissions or bonuses. Include information such as the amount owed, the period of performance, and any other relevant details. This documentation will serve as crucial evidence in case of a dispute.

    

4. Calculate Unpaid Commissions: Clearly calculate the amount of unpaid commissions or bonuses owed to you. Make sure your calculations are accurate and supported by the terms of the contract.

    

5. Communicate in Writing: Send written communication to your employer regarding the unpaid commissions or bonuses. Clearly state the amount owed, provide evidence supporting your claim, and set a reasonable deadline for payment. This can be done through a formal letter or email. Make sure to document the communication for your records.

    

6. Consider Mediation or Negotiation: Before filing a lawsuit, consider alternative dispute resolution methods such as mediation. This can be a quicker and less costly way to resolve the dispute.

If these efforts prove unsuccessful, legal action may be necessary. Possible avenues include filing a complaint with the labor department, initiating a lawsuit in a St. Petersburg civil court, or, in certain cases, joining forces with similarly affected employees in a class action lawsuit. Remember that legal processes can be complex, and it’s essential to have professional guidance. Always consult with an attorney to ensure your actions align with Florida laws and regulations.

Reach out to us today at (727) 509-6555 or coordinator@caklegal.com for a free initial consultation. Our knowledgeable unpaid commission and bonus lawyers can evaluate the strengths of your case and provide guidance throughout the legal proceedings.

What statutes or ordinances allow recovery for unpaid commission and bonuses in St. Petersburg, Florida? 

As indicated, unresolved commission matters are typically addressed within the framework of Florida contract law. However, various federal, state, and local regulations offer avenues for individuals to recover unpaid wages, including commissions and bonuses. These include:

Fair Labor Standards Act (FLSA): This federal legislation primarily oversees minimum wage, overtime pay, and employment standards in the United States. While not explicitly addressing commissions or bonuses, the FLSA may apply if an employee is primarily compensated through commissions and their total earnings fall short of minimum wage requirements.

Florida Minimum Wage Law: Similar to the FLSA, Florida has its own minimum wage law. In specific cases, unpaid commissions or bonuses are categorized as “unpaid wages.” Significantly, the statute allows for the awarding of attorney’s fees to the prevailing party in a civil action related to unpaid wages. Moreover, there may be the potential for recovering liquidated damages, amounting to twice the owed wages under certain circumstances.

Pinellas County Wage Theft and Recovery Ordinance: This local ordinance targets wage theft, encompassing practices where employers fail to pay their workers the rightful wages, including unpaid commissions or bonuses, minimum wage violations, unpaid overtime, and withheld tips. 

It is essential to note the complexity of employment law. For individuals pursuing resolution of unpaid commissions or bonuses in St. Petersburg, Florida, consulting with an experienced employment attorney is recommended. Our attorneys can offer guidance and representation throughout the process, ensuring the protection of your rights and fair compensation for earned commissions.

For a free initial consultation, reach out to the exceptional legal team at Cantrell Astbury Kranz, P.A. Contact them today at (727) 509-6555 or coordinator@caklegal.com.

What is the Pinellas County Wage Theft and Recovery Ordinance? 

To protect residents in Pinellas County from falling prey to wage theft, the Pinellas County Board of County Commissioners has implemented the Pinellas County Wage Theft and Recovery Ordinance. This ordinance outlines a process for individuals who have encountered wage theft to seek recovery of unpaid wages, with oversight from the Pinellas County Office of Human Rights.

Under the Pinellas County Wage Theft and Recovery Ordinance, wage theft is defined as the unjust withholding or insufficient payment of earned wages by employers to their employees. This includes various forms, such as withholding earned commissions or bonuses, denying paid time off, leave, vacation, or sick pay. Instances of wage theft also encompass paying below minimum wage, neglecting overtime payment, denying meal and rest breaks, or misappropriating workers’ tips.

The ordinance applies to individuals working for an employer within Pinellas County, excluding bona fide independent contractors (as defined by the Internal Revenue Code). Covered employees may also include individuals performing work that benefits an employer located within Pinellas County, even if the work is conducted outside of Pinellas County.

Only certain employers fall under the purview of the ordinance. A covered employer is any person acting in the interest of an entity employing an employee in Pinellas County. However, this excludes Federal or State agencies or entities.

If an employer is found to have unlawfully failed to pay earned wages, including unpaid commissions or bonuses, the affected employee is entitled to receive three times the amount of back wages. The employer may also be required to pay the Board of County Commissioners an assessment of costs, not exceeding actual administrative processing costs and costs of the hearing.

To file a complaint against a covered employer within Pinellas County, contact the Office of Human Rights at (727) 464-4880. Request to speak with the Intake Officer or submit your complaint online. Upon filing a complaint, it will be reviewed and processed. The employer will have 21 days from the date the Pinellas County Office of Human Rights Wage Theft department sends the notice to respond. Efforts will be made to resolve the matter through settlement or voluntary conciliation. If conciliation is declined or unsuccessful, and a settlement is not reached, the case will be scheduled for a hearing before the Special Magistrate. Note, retaliation for filing a complaint is unlawful and should be reported to the Pinellas County Office of Human Rights immediately.

Initiating a complaint under the Pinellas County Wage Theft and Recovery Ordinance is just one aspect of the process to recover unpaid commissions or bonuses. Individuals seeking resolution for unpaid commissions or bonuses in St. Petersburg, Florida are advised to consult with a seasoned employment attorney. We can provide valuable guidance and representation, safeguarding your rights and ensuring full compensation for earned commissions. For a complimentary initial consultation, contact the accomplished legal team at Cantrell Astbury Kranz, P.A. Reach out today at (727) 509-6555 or coordinator@caklegal.com.