If I was terminated on the 12th of last month and I am due commission for the month previous to that. what are my rights if I have not been paid?

Is there a law that will protect me?

Asked on August 17, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you have not been paid money which you were due for work (or sales) you did (or made), then you may sue your employer, such as in small claims court, to recover the money. A worker must be paid everything due him or her pursuant to the terms of employment. A critical issue, therefore, will be the terms under which you earned your commission: some companies, for example, require that an employee still be employed as of when commissions are paid to receive them, and, if so, that is legal. Therefore, you can enforce whatever the terms were under which you earned your commissions, if such terms were favorable to you in this situation.


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