My spouse works for a Kansas company in their sales department on 100% commission. They accumulate vacation/sick time, however when they take any time off, they don't get paid for the time missed, it's just counted as approved unpaid time off. They still receive commissions for any sales that come in while they are out, but they just aren't there for the ability to make more money.

If the sales people leave the company or are terminated they are paid out at an average salary for any unused vacation time. Here's the real kicker, if they don't have any vacation time built up and take time off, they, the employee, have to turn around and write the company a check for the time they missed.

Does this sound fishy or legal?

Fishy, yes. Legal, not likely. Contact the state Dept. of Labor.