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Unpaid Wages and Commissions

Franks, Koenig, & Neuwelt

Unpaid Wages and Commissions

Whether you’ve worked at a job for 10 days or 10 years, you have the right to the money you’ve earned. When a current or former boss withholds these wages or commissions, employees need to take the next steps to get the owed money.

In Florida, employees have limited choices about getting owed wages. Under the Florida Minimum Wage Act, employees have the right to sue their employers for unpaid earnings. Before filing suit, the employee must file a complaint with the U.S. Department of Labor for violation of the federal labor laws. Once that complaint is filed, the employee can then file legal action.

Getting Your Owed Money
The federal Fair Labor Standards Act (FLSA) mandates that employers pay employees for all hours worked and in a timely manner. If the employee leaves – whether it’s voluntarily or through being fired or laid off – the next paycheck must be paid according to the company’s pay schedule. In addition, the employer is not allowed to make unauthorized deductions.

If the employer does not pay the owed earnings, whether it’s intentional or not, the employee can file a lawsuit in civil court. But before the legal action is filed, the employee should follow some steps:

  • Send the employer a letter detailing the amount owed, along with work dates and hours. This should be sent certified mail so the sender has proof of receipt.
  • Compile any communications with the employer, including emails, which would indicate employment and any conversations about unpaid earnings.
  • Collect other evidence in the case, including the personnel file.
  • File a complaint with the Florida Attorney General’s Office. While this office will not give specific legal advice, the office will enforce minimum-wage laws.
  • Register a complaint with the U.S. Department of Labor in Florida.

Taking Legal Action
Employees can bring suit against an employer for several types of unpaid wages:

  • Tips or commissions
  • Final paychecks
  • Bonuses
  • Lunch or break times
  • Vacation earnings

According to the FLSA, employees who are owed back wages or tips and commissions may be entitled to the full amount owed. These employees could also be entitled to liquid damages, which is a monetary penalty against the employer for violating the federal labor laws. It is also called double damages or double payback. In order to receive this, the employee must prove that the employer willfully withheld wages and violated the law. In many cases, this is difficult to prove.

Employees may also be entitled to other monetary court awards:

  • Prejudgment interest – A monetary sum determined by the court for the loss of the moneys owed.
  • Punitive damages – A sum awarded to the employee and aimed at punishing the at-fault employer.

Let Us Help
The steps to getting the your back wages and commission can be confusing and intimidating. That’s what we are here for. Our attorneys have handled scores of cases just like yours. They understand the various details in wage laws and can help you through this difficult process.Contact us today.

Hurt at Work? We Can Help!
Call an attorney at the Law Offices of Franks, Koenig & Neuwelt for a free and confidential consultation today.

Contact us today for a free consultation so we can discuss your situtaion.  It is not only important to talk to an experienced workers’ compensation lawyer when you have been hurt on the job, it is also the best way to make sure that you receive proper medical services and lost wages you are entitled to under the law. After all, the Workers’ Compensation law was created to protect you – the employee.

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Florida’s Most Trusted Workers’ Comp Attorneys

Devin Major
Devin Major
August 9, 2022.
Best team I had ever working for me I really hope anybody who needs legal advise call them
Gregory Diggs
Gregory Diggs
August 4, 2022.
I recommend this law firm to anyone with a worker's compensation case. The staff does a great job and they treat you like family. Judd Koenig was my attorney and went the extra mile and then some more securing my a nice settlement of my case.
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Cynthia Murray
August 3, 2022.
Great Attorney thank you Eric Lakind and staff Attentive, friendly, answered ever questions got results when I could not do it myself Cynthia
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Naisha Dorvilus
August 2, 2022.
Lisa was my lawyer she asked me questions and was very helpful. She and her team communicated with me about my cause and I'm super happy with her service.i will definitely recommend her and her company
Jaime Ieli
Jaime Ieli
July 29, 2022.
My husband was hurt and never dealt with an attorney before. He looked up attorneys online & thru the grace of God got Lissa Dorsey as his attorney & she was truly amazing! She was very involved, always returned our phone calls & made the whole process as easy for us as she possibly could while my husband treated with Dr's and started his healing process. I would recommend her to any & everyone without a doubt.
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Evelin Hernandez
July 21, 2022.
Best law firm in Palm Beach County, Lisa and Kim were the best. I recommend this law firm to everyone.
Tammy Dault
Tammy Dault
July 20, 2022.
Wasn't sure how it would work with me being in one town and lawyer in another but it all worked out in the end thank you for all your hard work.
Brandon moore
Brandon moore
July 19, 2022.
Great understanding lawyers! They were great in getting me a fair settlement and quick to respond to any questions I had. Thanks Kim and Lisa!
john heller
john heller
July 12, 2022.
They were always responsive to my calls did an excellent job of getting everything I needed. When it came time To settle my case Andy and J did an excellent job I’m very happy with the outcome and very happy with this law firm I would highly recommend them!!!!

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Why Choose Us



A combined 100 years of experience in work-related injuries 


We know how to fight insurance companies

We make sure you are not taken advantage of, even when powerful insurance companies who are notorious for trying to deny your care.


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Every person on our team has a passion for helping people and fighting for their rights.