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We terminated an employee that took a $2,000 down payment…

We terminated an employee...

We terminated an employee that took a $2,000 down payment from a customer but it never put it in the safe. We kept his commission check for the money he owes the company. He filed a complaint for Wage Theft. Are we obligated to pay him those commissions?

Lawyer's Assistant: Have you documented this or discussed it with HR?

Yes. First time Wage Theft complaint so they asked me to find out what the law states.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

We are in Florida and at will

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Answered in 5 minutes by:
10/18/2017
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,467
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you

with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Customer reply replied 9 months ago
Just need to know if in Florida, an employer can keep sales commissions for an terminated employee because he lost or kept a $2k down payment. Or is the employer obligated to pay that commission to the terminated employee?
Customer reply replied 9 months ago
Can I please get the answer I paid for. I'm not interested on a call.

I’m sorry to hear about your situation and thank you for your patience. Generally, florida law requires you to pay an employee their wages at the time of their termination. However, if you have it written into your employment agreement that you are allowed to recover for items that are stolen, lost, or missing, including money, then it’s legal. Otherwise, it is possible that the department of labor would require you to pay him his final commissions and use either an informal process or the court system to recover the money and also probably suggest you refer this case to the DA for theft. However, unless otherwise directed by the department of labor, then you should not have to return that $ if it is understood that stolen down payments will result in commissions being withheld. The law in FL is not entirely clear on this so I apologize that I cannot provide a 100% definitive answer, but this often comes up in the law, unfortunately. Regardless, I’d recommend being ready to pay them the $ and then pursuing them later.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,467
Experience: Licensed to practice before state and federal court
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