MIAMI — A salesman has filed suit against his former employer for allegedly failing to pay him overtime wages and earned commissions, then purportedly firing him after he complained.
Rodolfo Rodriguez filed a complaint Sept. 16 in U.S. District Court for the Southern District of Florida, Miami Division, against Novis Corp. International, doing business as Pantera Guns, Sean Gilley and Karina Gilley, alleging that they violated the Fair Labor Standards Act (FLSA) through improper compensation of an employee.
According to the complaint, the plaintiff alleges that from December 2012 through July 22, 2016, he worked as a sales employee with a base weekly salary of $380 plus an additional 2 percent commission on his monthly sales. However, he claims he was not paid for overtime work and did not receive full payment for commissions. The plaintiff claims he was called "greedy" when he complained about his missing commissions to the owner. Then on July 22, 2016, when the plaintiff confronted defendant Sean Gilley of failing to key in the plaintiff's code on the cash register to credit sales, the plaintiff claims defendant Sean Gilley got upset and fired him on the spot, which caused him to suffer damages.
The plaintiff holds Novis Corp. International, doing business as Pantera Guns, Sean Gilley and Karina Gilley responsible because the defendants allegedly failed to give the plaintiff sales credits so as not to pay him commission, failed to compensate the plaintiff for his overtime hours and terminated the plaintiff as a retaliation to his complaints.
The plaintiff requests a trial by jury and seeks judgment against the defendants, declaratory judgment, attorney's fees, costs, expenses, provide back pay, other benefits and additional relief. He is represented by Zandro E. Palma of Zandro E. Palma PA in Miami.
U.S. District Court for the Southern District of Florida, Miami Division, case number 1:16-cv-23996