Misclassified as an independent contractor & my employer (now former) refuses to pay earned commissions, Contingency anyone?

Asked over 1 year ago - Fort Lauderdale, FL

For two years I have worked as a recruiter for a local firm doing business internationally. I worked in their office, used their equipment, and was required to use their software to perform my role. Furthermore I was held to mandatory weekly corporate meetings, and ongoing ATS training. The employer monitored my hours worked and I worked on commission which was paid to the firm who took 75% and in turn wrote me a check for the remaining 25%. The firm provided the clients that I recruited for & I was not responsible for any business development or utility (phone, subscriptions, etc) payments. They did offer a draw for a short period.
After 2 years of steady employment I left the company with them still owing me two commission payments. They refuse to pay. I need help

Attorney answers (2)

  1. Robert Scott Norell

    Pro

    Contributor Level 7

    Answered . Need to know a few more facts, but if I had to guess, sounds like you may have been misclassified. Many employers misclassify employees as independent contractors. It's fairly common because the employer can save a lot of money in employment taxes, insurance and other benefits. Either way you are entitled to be paid your commissions. It's possible that I can help you.

  2. Gregg R. Brennan

    Pro

    Contributor Level 13

    Answered . Whether or not you were an indepent contractor or an employee is something that is very factually driven. Simply because you used their equipment and worked out of their office doesn't necessarily make you an employee. Whether you were an IC or an employee, you deserve to get paid for the work you did, however, and an attorney familiar with wage and hour law should be abel to help you. Not sure you'll be able to find one that'll take you on a contingency basis though.

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