Can You Sue Your Employer for Unpaid Commissions or Bonuses in Florida Without a Written Agreement?
Yes. You can sue your employer for unpaid commissions and/or bonuses without the presence of an actual contract detailing the terms. Whether or not you will have a strong case depends on if your bonus is “discretionary.”
Under Florida Law, the issue of whether or not a bonus is discretionary turns on whether your employer had the option but not the obligation to pay you for the alleged bonus/commission. In other words, did your employer have an oral agreement with you that you would receive X percentage of all monies generated from work referred, or if you did X amount of work, you would receive a bonus? If so, you may have a good case.
Understanding Your Rights to Commissions and Bonuses in Florida
Employees and independent contractors in Florida often earn part of their compensation through commissions or bonuses. Even if there’s no written agreement, Florida law generally protects your right to those earned payments. Commissions must be paid after the work relationship ends—unless there’s a clear, mutual understanding to the contrary. Yes. You can sue your employer for unpaid commissions and/or bonuses without the presence of an actual contract detailing the terms. Whether or not you will have a strong case depends on if your bonus is “discretionary.”
Oral Contracts Are Binding Under Florida Law
Florida courts recognize that a valid contract need not be in writing to be enforceable, so long as it does not fall within the Statute of Frauds. In Forman v. Kuhlman, 18 So. 2d 555 (Fla. 1944), the Supreme Court of Florida held that oral agreements are binding if the essential terms can be proved by admissible evidence. Unless your commission or bonus promise involves the sale of real estate, a suretyship, or another contract the Statute of Frauds requires in writing, your oral agreement to earn commissions or bonuses can form the basis of a lawsuit.
Elements of a Breach of Contract Claim
To succeed in a breach of contract action under Florida law, you must establish:
A valid contract (oral or written).
Your performance or a legal excuse for nonperformance.
A material breach by the employer.
Resulting damages.
Steps to Take When Your Employer Won’t Pay
If you believe you’re owed unpaid commissions or bonuses, consider these actions:
Gather all evidence of the oral agreement: emails, texts, internal memos, or witness testimony.
Document the sales, performance metrics, or bonus-qualifying events tied to your claim.
Send a written demand for payment outlining the basis of the agreement and the amount owed.
Consult an experienced employment or business litigation attorney to evaluate your breach of contract claim and, if needed, file suit before the four-year deadline.
Conclusion
You don’t need a signed agreement to enforce your right to earned commissions and bonuses in Florida. Oral contracts are enforceable, and the basic elements of breach of contract apply. By understanding your rights, assembling strong evidence, and taking timely legal steps, you can pursue the compensation you deserve.
We have received favorable settlements for our clients in these cases multiple times, give us a call to talk about your rights.