If I resigned my former job because my employer owes me over $20,000 in commissions, how do I sue him for unpaid comissions?

UPDATED: Oct 1, 2022

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If I resigned my former job because my employer owes me over $20,000 in commissions, how do I sue him for unpaid comissions?

About 2 months ago, I contacted my boss to give him 2 weeks notice that I plan on resigning due to the fact that he owes me a lot of money in back, unpaid commissions dating back 2 years ago. He told me he will mail me a check for $5,000 and I will have it by the following Monday, in order to keep me from resigning. Monday came and went, and by the next Monday, I still haven’t received a check, despite the fact that he told me it had been mailed – a blatant lie. He is contractually obligated to pay me what i have already earned but does not return my calls and I feel he will never pay me. It is my suspicion that he feels that if i cant afford a lawyer, that I will be unable to file a suit against him. How do I go about finding a firm that will take my case on a contingency basis and can legal fees be added on top of the settlement? I worked by phone from home in WA with clients all around the country but the corporate office for my former employer is in FL and my contract is bound by law in FL state.

Asked on May 18, 2018 under Employment Labor Law, Washington


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can sue your former employer for breach of contract / account stated.  Your damages (monetary compensation you are seeking in your lawsuit) are the amount you are owed.
You can find an attorney, who handles employment law, by contacting your County Bar Association which probably has an attorney referral service that can refer you to an employment law attorney.  It is unlikely that an attorney will take the case on a contingency fee basis; however, upon prevailing in the case, you can recover attorney's fees.

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