GULFSTREAM HOMES OF TAMPA, INC. AND GLAD HOMES OF TAMPA, INC., APPELLANTS,
v.
NANCY B. CRAWFORD, APPELLEE
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A former real estate sales associate sought commissions on home sales that closed after her employment termination. The court reversed the jury verdict awarding her these commissions, holding that she failed to prove she had earned them prior to termination, especially given her employment required ongoing services through closing.
The court held that Crawford failed to prove she was entitled to the post-termination commissions. Because her employment arrangement required continuing significant services through closing, and there was no showing that such services had been completed or compensated prior to termination, she did not establish that the commissions were earned at the time of termination.
[1] A former employee is not entitled to commissions on sales closed after termination of employment unless the employment agreement specifically provides for such post-termi…
[2] A plaintiff bears the burden of proving entitlement to commissions, especially when the entitlement depends on services to be rendered after the termination of employment…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“plaintiff's arrangement with defendants called for more than simply the procurement of buyers of homes to be built by defendants and called for continuing significant services to be rendered by plaintiff to ensure and facilitate the sales up to the times of the closings”
Establishes that Crawford's employment contract required ongoing performance, not merely finding buyers
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceNancy Crawford was employed by Gulfstream Homes and Glad Homes as a sales associate. Her arrangement required not merely procuring buyers but providin…
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LEHAN, Judge.
We reverse the final judgment entered upon a jury verdict awarding sales commissions to plaintiff from defendant real estate developers on the sales of homes for sales closed after plaintiffs employment by defendants as a sales associate had been properly terminated.
The evidence was uncontroverted that there had been no discussion between plaintiff and defendants as to whether or not plaintiff would be entitled to commissions on sales of homes which were closed after the termination of plaintiff’s employment. There was also uncontroverted testimony that plaintiff’s arrangement with defendants called for more than simply the procurement of buyers of homes to be built by defendants and called for continuing significant services to be rendered by plaintiff to ensure and facilitate the sales up to the times of the closings. Defendant in effect argues that the inescapable import of that testimony was that at the time of the termination of plaintiff’s employment substantial such services remained to be performed by plaintiff for the sales which are the subject of this suit; be that as it may, plaintiff made no showing otherwise, and of course the burden of showing entitlement to the commissions was on plaintiff. Thus, it was not proved that at the time her employment was terminated plaintiff had earned the commissions. See Friedlander v. J.W. Dyches, Inc., 582 So. 2d 56 (Fla. 2d DCA 1991). Compare E.H. Crump of Florida, Inc. v. Aikin, 571 So. 2d 1353 (Fla. 2d DCA 1990) (former employee entitled to post-termination compensation when under employment contract the compensation was earned prior to termination and was not to be for continuing services).
Reversed and remanded for entry of judgment in favor of defendant.
CAMPBELL, A.C.J., and PARKER, J., concur.
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Lincare Holdings, Inc. v. Ford, 307 So. 3d 905 (Fla. 2d DCA 2020)
Authorities Cited
- E.H. Crump OF Fla., Inc. v. Aikin, 571 So. 2d 1353 (Fla. 2d DCA 1990)
- Friedlander v. J.W. Dyches, Inc., 582 So. 2d 56 (Fla. 2d DCA 1991)