Legal Question in Employment Law in Florida

Dispute for withholding commissions

I sell hearing aids in Florida. Contracts specify clent's signature for purchase, initials for disclosing info regarding T-coils and a medical waiver. Contract has signature for purchase agreement but no initials or waiver signature. Let's say client signature for purchase is on contract but not the other info. After payment is made and client is in possession of aids, does that not make this a binding legal contract? And, if so, can my commsissions be witheld? (Comm is my sole support, no base salary or hourly wage). I am not an independent contractor (no 1099 filed). W-4 forms on file for my taxes, etc. My boss claims he can withhold comm until the initials and waiver (which is voluntary for client) are signed. Is he correct?


Asked on 7/11/07, 1:37 pm

1 Answer from Attorneys
Keith Stern Shavitz Law Group

Re: Dispute for withholding commissions

Florida's law on commissions isn't necessarily black & white, but generally commissions are deemed earned when the conditions in the sales contract are met. In your situation, the delivery of the product and the tendering of payment by the customer should likely be sufficient to render your comission "earned."

Its unclear whether there is anything set forth, or any practice, for the time by when your employer is required to pay your commission. If you have made a demand in writing for payment of the commission, and you have confirmation the employer received it, then if it still remains unpaid after a reasonable period of time (14 to 30 days for example), you should contact a lawyer.

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Answered on 7/12/07, 2:32 pm


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