Legal Question in Employment Law in Florida

My wife earns commision and base salary. Over the last two years, her company has improperly calculated her commission and has substantially overpaid her. She does not see the commission schedule, only the final amount on her pay stub. The company recognized this problem more than a year ago, and though it was corrected, somehow it continued to happen later, unbeknownest to my wife.

The company has sent her a demand letter stating that they will forgive part of the debt, but not all. We have paid taxes based on her earnings, and we do not have that amount of money. They have offered to reduce her salary on a short schedule until it is repaid.

Can the company do this?


Asked on 4/02/10, 9:06 am

1 Answer from Attorneys
David Labovitz Labovitz Law Firm, P.A.

It is a valid debt she owes to the company, and they do have the right to collect it. At least they are forgiving part of it and working with your wife to repay it. By reducing her salary, you will pay less taxes this year and the tax issue should work itself out..

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Answered on 4/07/10, 9:44 am


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