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.
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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.
What Are Commissions and Bonuses?
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.
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.
Our Experience & Contact
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@lawcantrell.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:
Steps To Prepare a Claim
- 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.
Legal Options & Claims
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.
Local Ordinances & Legal Guidance
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@lawcantrell.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:
Post Termination Compensation
- 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.
Speak With an Attorney
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@lawcantrell.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.
Oral Agreements & Enforceability
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.
Get Legal Advice
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@lawcantrell.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.
Statute of Limitations
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.
Additional Resources
For additional information, please see our article answering Frequently Asked Questions on Commissions and Bonuses in Florida.
What Our Clients Say
Unpaid Commissions And Bonuses Lawyers In Tampa, Florida
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.
Speak With an Experienced Attorney Today
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@lawcantrell.com for a free consultation.
Frequently Asked Questions
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What constitutes a hostile work environment in Florida?
The U.S. Supreme Court has long held that workplace sexual harassment is a form of unlawful discrimination under Title VII of the Civil Rights Act. Meritor Sav. Bank, FSB v. Vinson, 477 U.S. 57 (1986) .
In order to establish a claim for sexual harassment, a plaintiff must establish that: (i) the harassment occurred because of his or her sex; and (ii) the harassment was sufficiently severe or pervasive and created an abusive working environment.
According to the U.S. Supreme Court, harassment is sufficiently severe or pervasive when it is “so offensive as to alter the conditions of the victim’s employment.” Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75, 81 (1998) .
This standard is obviously vague. In applying the standard, federal courts have articulated several factors to consider. Although these factors vary slightly among courts, most consider:
- The frequency of the conduct.
- The severity of the conduct.
- Whether the conduct is physically threatening or humiliating, or a mere offensive utterance.
- Whether the conduct unreasonably interferes with the employee’s job performance.
To illustrate, courts generally agree that a kiss on the lips by a supervisor can be sufficient to establish a sexual harassment claim. Although this may be an isolated incident, courts also typically acknowledge that there are few actions more offensive than an unwanted kiss by a supervisor. Additionally, any unwanted touching by a supervisor that is sexual in nature is not only a possible sexual harassment claim but may also constitute an unlawful sexual assault.
On the other hand, courts generally hold that a small handful of sexually related comments, even if directed towards the employee, are generally not sufficient to establish a sexual harassment claim. For example, in Scott v. Pizza Hut of American. Inc., 92 F. Supp. 2d 1320 (M.D. Fla. 2000) a Florida federal court held that a female pizza driver in Tampa was subject to sexual harassment when co-workers implied she was a prostitute or needed to “go out and get some sex”, because the conduct was not physically threatening or sufficiently humiliating, and conduct did not unreasonably interfere with her job performance.
The following is a non-exhaustive list of actions that are unacceptable in the workplace and may constitute unlawful sexual harassment or unlawful sexual assault under certain circumstances:
- Unprompted comments or questions that are sexual in nature
- Sex jokes
- Unwanted physical contact of a sexual nature (e.g., kisses, hugs, butt or genital touching, rape)
- Pressing parts of one’s body against another in any sexual way
- Repeatedly asking someone else
- Repeated compliments on someone’s looks
- Asking for sexual favors
- Inappropriate communications after work hours
- Repeatedly asking someone out on a date
- Surprise dates under the pretense of a “work meeting”
- Suggestive text messages or emails
- Unwanted or inappropriate gifts of a romantic nature
If you believe you are a victim of workplace sexual harassment in Tampa or Hillsborough County, Florida, contact us immediately at (813) 705-6275 or emailing us at coordinator@lawcantrell.com.
What to do if you are sexually harassed at work?
If you have experienced sexual harassment at work, inform your employer and as appropriate, your supervisor(s) and HR. Ideally, verbal complaints should also be memorialized in a follow-up written complaint.
If the unwanted conduct does not cease, or if the conduct was so severe that you feel an attorney is needed, contact Cantrell Schuette, P.A. and speak with one of our Tampa employment lawyers. Initial consultations are free. Call today at (813) 705-6275 or emailing us at coordinator@lawcantrell.com.
Can you sue your employer for sexual harassment by a co-worker or third-party (such as a customer or contractor)?
Yes. A claim for sexual harassment under Title VII of the Civil Rights Act is not limited to only harassment by supervisors or business owners. Employers can also be held liable for harassment by non-management, including co-workers and even third parties such as customers and contractors.
The legal test for whether a company can be liable for sexual harassment by someone who is not in management includes two questions: First, did the company know or the company should have known about the sexual harassment? Secondly, if so, did the employer then take immediate and appropriate corrective action?
Tampa employers have a legal obligation to stop workplace sexual harassment that they know about or should have reasonably known about and can be held liable if they do not fulfill this obligation.
What if you quit your job after sexual harassment?
An individual can sue their employer for sexual harassment even if the individual quit their job under the concept of constructive discharge. In establishing constructive discharge, an individual must demonstrate that the workplace conditions were so unacceptable that a reasonable person would also feel compelled to resign.
How does the EEOC and FCRA processes work for sexual harassment claims?
Individuals who want to file a workplace sexual harassment lawsuit are required by law to first file a complaint (a “Charge of Discrimination”) and complete the EEOC review process under Title VII of the Civil Rights Act. We strongly recommend that individuals retain an employment attorney to assist them in the EEOC process and ensure that all the appropriate information is provided and that all appropriate claims are asserted. In Florida, may also file a claim with the Florida Commission on Human Relations under the FCRA.
Depending on the circumstances, there will be either a 180-day or 300-day statute of limitations on filing a complaint with the EEOC. This means you will have 180 days or 300 days from the date the harassment occurred to file a claim with the EEOC. Under Florida law, you will have 365 days from the date the harassment occurred to file a claim under the FCRA with the Florida Commission on Human Relations. Similarly, to the EEOC, this requires an administrative process prior to filing a lawsuit.
After a complaint is filed, the EEOC will notify the employer and provide the employer 10 days to respond to the complaint.
An EEOC investigator will conduct an investigation into the harassment and will then make a finding on the merits of the sexual harassment claim. One of two potential results is possible:
- If the EEOC states that they are unable to conclude that there is reasonable cause to believe that unlawful sexual harassment occurred, the complaining party and employer will be issued a notice called a Dismissal and Notice of Rights. This notice informs the complaining party that he or she has the right to file a lawsuit in federal court within 90 days.
- If the EEOC states that based on their investigation, there is reasonable cause to believe unlawful sexual harassment occurred, the EEOC will issue a Letter of Determination stating their conclusion and inviting the parties to join the EEOC in resolving the complaint through an informal process known as conciliation.
If a lawsuit is filed, it can often take one to two years to complete the entire lawsuit process, which may include a trial. Formal mediation also typically happens after a lawsuit is filed, providing the parties with another opportunity to resolve the dispute. Most claims of sexual harassment are resolved before trial. However, if an employer is unwilling to provide fair compensation, then a trial may be the best option to pursue.
The employment lawyers at Cantrell Schuette, P.A. have substantial experience with the EEOC and FRCA complaint processes and a track record of successfully resolving sexual harassment lawsuits on behalf of clients in Tampa and throughout Florida. As the complaint process can be quite complex, we strongly advise potential clients to speak with an attorney prior to filing a complaint.
Contact us today by calling (813) 705-6275 or emailing us at coordinator@lawcantrell.com.
What damages are recoverable for workplace sexual harassment?
Damages available for workplace sexual harassment claims depend on the circumstances and can vary from case to case. Generally, the following types of damages may be recoverable under federal law:
- Back pay
- Cost incurred related to the lawsuit
- Out of pocket costs associated with finding new employment
- Mental anguish
- Attorneys’ fees
- Fringe Benefits that would have been received
- Punitive damages
How to contact a Tampa hostile work environment lawyer?
Cantrell Schuette, P.A. Tampa employment law attorneys are experienced in representing victims of sexual harassment. For a free consultation, contact us at (813) 705-6275 or emailing us at coordinator@lawcantrell.com.