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John
John, Attorney
Category: Legal
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Experience:  Licensed and practicing attorney.
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I left my job, my employer is withholding about $10,000 in

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I left my job, my employer is withholding about $10,000 in commissions due me unless I sign a waiver that I will never sue him or the company, etc. Is that legal?
Hi, thanks for submitting your question today. My name is XXXXX XXXXX I’m happy to assist you with your question today.

You have already contractually earned the commissions for whatever work you did/ business you brought in. Asking you to sign a release is asking for additional consideration for the the commissions, which is not what the parties contractually agreed to. You owe him no further consideration to collect your commissions. In Florida, however, the department of labor does not collect wages and commissions for people. Thus, you may ultimately have to sue him on your own to get the commissions.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

Customer: replied 3 years ago.
I was an independent contractor working as an assistant and paid on a bonus basis...with no contract...other than a non compete that they have never given me a copy of, and never will.
I'm certain that the terms of your working for them did not include you signing a release for any and all payments you would receive from them. You do not need a contract to be written for it to be binding - you can have a verbal or even an implied contract. For example, you go work for them are paid x bonus $ per transaction, then it is implied from that you are owed x $ per transaction - -- it cannot be implied that you have to sign a release to get the $ you already earned.
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