Earned commissions not paid after discussed.

After discussing errors of commission paid on contracts that were coded to other sales person and paid to that sales person, employer states that there will be no changes made and that the commission I actually earned will not be paid to me. The errors in commission are on printed reports given to sales persons monthly.

1 answer  |  asked Jul 17, 2007 5:02 PM [EST]  |  applies to Florida

Answers (1)

Frank Shooster
Failure to pay commissions

Your employer has breached the contract. A unilateral mistake by the employer is not a defense. Breach of oral contract has a 4 year statute of limitations. Commissions arte somtimes considered wages for purposes of the wages owed act, which would also require the employer to pay your legal fees. That stutate has a much shorter limitations--two years. Even though the law gives you time to pursue this claim, it is rarely advisable to wait. Memories fade, witnesses move or die, key documents are discarded and so on.

posted by Frank Shooster  |  Jul 17, 2007 7:04 PM [EST]

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