Legal Question in Employment Law in Florida

FMLA Commissioned employee

I am currently out on FMLA due to a high risk pregnancy and work for a local builder in which I still have over $20,000 in commissions owed to me for houses that will be closing in the next two months. My employer is saying that if I can't return to work by my 12th week I am no longer considered an employee and would loose these commissions. Is there a law that would cover me to go onto long term diasability and still be able to collect my commissions or do I have to return in order to collect?


Asked on 7/01/08, 1:58 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: FMLA Commissioned employee

The answer to this question depends on the terms of your employment agreement and when commissions are earned and payable. I would check your employment agreement.

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Answered on 7/01/08, 2:06 pm


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