A sales commission is a sum of money paid to an employee upon completion of a task. If you are a real estate agent, you depend on your commission. By paying an employee commission, it can also increase productivity and motivation. If you are a real estate agent who had sales, but you did not get your commission, you are the victim of wage theft. If you have suffered wage theft as a real estate agent, you can pursue a claim against your employer to recover your losses. An employment law attorney could be an asset to your wage theft claim, so consider consulting with a lawyer before you get your complaint against your employer underway.
Commission Theft As A Real Estate Agent
You will need to review your employment contract with the realty company as well as the contract for the home sale and listing. You must be certain that you had a clear agreement with your employer about commission pay – including your commission rate. Different realty companies may contract with agents for different commission rates. You should always keep track of your sales and calculate your commission. You should then compare that figure with the amount that you are actually paid. Then take note of the difference as that is what you are owed.
The Fair Labor Standards Act (FLSA) ensures that employees are treated fairly and properly compensated for their work. Federal minimum wage, which is currently $7.25 per hour, is established through the FLSA. All workers must earn at least minimum wage for their time worked. You should also keep track of your hours and divide it by your earnings to make sure you are earning minimum wage. There are several states with laws that protect employees who have been denied payment of wages, salaries, or commissions.
Several states have enacted additional laws that help protect workers along with the federal laws. There are many ways that a real estate agent could be subjected to wage theft by not being paid commissions he or she earned. Also, a real estate agent may be paid commissions at a lower than agreed rate, which is also wage theft. You should always check to ensure you are paid properly. As soon as you notice a discrepancy, you should speak with your employer about the matter to see if it was an honest mistake and if they will promptly correct the problem.
The Next Steps
If you are a real estate who has not been paid the commissions that you earned, you do have resources available. You will need to gather supporting evidence and documentation for your claim to prove that you were to be paid commissions and then you were not paid the agreed amount. You will also need to maintain proof that you notified your employer of the problem. You will need to provide documentation showing the response or the lack of response. You will need to prove that the matter was not resolved.
The more evidence that you have that will support your claim, the more likely you will be to prevail. You will need to show how much you are owed in commissions that you were not paid. If your claim advances to a lawsuit and must be resolved in court, a judge or a jury will determine the outcome and will determine the total value of your damages. You will need to provide convincing evidence to get them to rule on your side and compensate you for your losses.
Speak To An Employment Law Attorney
If you are a real estate agent who was not paid commission you were supposed to be paid, you should enlist the help of an employment law attorney who handles employment law claims for wage theft in your state. An attorney will investigate your claim and gather supporting evidence. Your chances of a successful wage theft claim will increase when you are represented by a lawyer.
If an employer has withheld the proper commissions from a real estate sales professional, there are ways that you can receive remedies and restitution. When you meet with the lawyer, discuss payment plans. Some attorneys want to be paid a retainer, but other lawyers will take the case on a contingency basis and not be paid until you win your claim. You have a limited time to pursue a claim, so do not wait until it is too late. Complete the Free Case Evaluation Form on this page today.
