united-states employment florida
What recourse does an ex-employee have when commission/wages are being withheld by employer?
<p>I recently left a position while still owed commissions for a deal that closed after my departure. My activities, duties, etc. on this deal were completed. I simply needed to wait for the other departments to finish and close the deal. Now, that employer (based in Palm Beach Count Florida) is withholding a commission due to me ($55,000) and threatening not pay me unless I sign an agreement, inclusive of a non-compete, relinquishing many of my rights to continue to perform in the same field, mention past deals I was a part of etc.</p>

<p>Can he do this? What recourse do I have? Most of what I have researched and read states they absolutely cannot do this and cannot threaten to withhold and make me sign something to get my monies owed. Please enlighten me. Thanks.</p>

<p>I found this Florida statute:
(3)(a) When the contract between a sales representative and a principal is terminated and the contract was not reduced to writing, all commissions due shall be paid within 30 days after termination.
(b) In the event a principal fails to comply with the provisions of paragraph (a), the sales representative has a cause of action for damages equal to triple the amount of commission found to be due. The prevailing party in any such action is entitled to an award of reasonable attorney’s fees and court costs.</p>

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  <p>Can he do this? What recourse do I have?</p>
</blockquote>

<p>It seems unlawful for him to do that. See Florida statute <a href="https://law.justia.com/codes/florida/2010/TitleXXXIX/chapter686/686_413.html" rel="nofollow noreferrer">868.413(3)(b)</a> (prohibiting "<em>To coerce, compel, or <strong>attempt to coerce or compel</strong> any dealer to enter into any agreement [...]</em>"). According to <a href="https://law.justia.com/codes/florida/2010/TitleXXXIX/chapter686/686_417.html" rel="nofollow noreferrer">686.417</a>, you may file a lawsuit in [state] circuit court, meaning that you don't have to exhaust any <em>administrative remedies</em> prior to suing the company. I don't know if that answers your question.</p>

<p>The statute you cite is <strong>686.201</strong>(3)(a) (the part in bold is missing in your inquiry). The full chapter is <a href="https://law.justia.com/codes/florida/2010/TitleXXXIX/chapter686/chapter686.html" rel="nofollow noreferrer">here</a>, although maybe that is what you have been reading.</p>
