Is he entitled to his March commision's check?

[imailin]

What is the name of your state (only U.S. law)? Florida

A friend of mine got fired from a large corporation yesterday (end of the month) besides his paycheck he was getting pay once a month commision depending on a % of his sales. since they waited to fired him to the last day of the month (which he worked it yesterday March 31) he is entitle to March's commisions check under florida law?

to make things clear, the company pays the commision of this month, next month. Commision check for the sales of January are pay on the last week of February and the commision check for the sales of February are paid on the last week of March. So he should spect his March commision check at the end of April. coworkers tell him that he is not entitle to . I say yes.


help please, and thank you

 

[pattytx]

If the commission agreement/plan is that the employee has to be in active employment status at the time of payment, then, no. That is not an uncommon provision in the majority of states and very few states have laws addressing commission to any extent (Florida has none and federal doesn't have any either).

 

[swalsh411]

what pattytx said but I want to add that it's incredibly unfair if you have to be an active employee at the time of payment because that means you will never get your commission on sales for the last month you worked. The policy might as well say "the last month you work you will not earn any commission".

 

[pattytx]

what pattytx said but I want to add that it's incredibly unfair if you have to be an active employee at the time of payment because that means you will never get your commission on sales for the last month you worked. The policy might as well say "the last month you work you will not earn any commission".

I don't disagree. But it is what it is. There are a few states, such as Illinois and, of course, California where such an agreement would be unenforceable. I've also seen where the agreement states that such commission would be payable if the employee was involuntarily terminated, but not if the employee quit. That would make it a little more fair, I guess.

 

[cbg]

I am given to understand that several states have the same requirement that mine does: regardless of the reason for the termination, and regardless of whether it was a voluntary or involuntary term, you are entitled to commission on any sale that you CLOSED prior to your termination. If someone else closed it after you left, then it doesn't matter how much work you put into it, you are not eligible for the commission under the law (though you might be under your company's commission agreement).

 

[imailin]

thanks guys

Thanks everyone....
now, He believes he never signed anything, you thing this statement should be under company policies? The corporation is from virginia, but the store is located in Florida. I wonder if he needs to obey Virginia or Florida regulations....?

thanks again!