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Commission while on Intermittent FMLA Ohio Ohio

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  • Commission while on Intermittent FMLA Ohio Ohio

    I am an outside sales rep, classified as exempt. I lost a child last year, and am now raising his teenager. I have only used 2 weeks FMLA time. I am now falling apart. Sales jobs are stressful, I once thrived on that stress, it is destroying me now. I need to use some of this time to determine if i can still work in this position after a 30 year career.
    My company offers no short term disability. According to my physician and shrink, I am to work no more than 2 or 3 full days per week. My intention is to work 40 hours every two weeks. I am paid by salary (about 30%), commision (about 70%) and bonus. I understand my salary will by paid for the hours I work only. No one is able to tell me what will happen to my commission. My manager has acknowledged they will have to "put something together" I need to know the law prior to that meeting. Commission is the larger amount of money. Much of it is "automatic" being renewed after orginally being sold months prior. Also, I am being much more effective working shorter hours, than dragging myself in everyday and putting everything off. I still expect to make my goals. I've been successful, with an above average income, I feel I need to protect myself.
    Thank you for your help.

  • #2
    What, specifically, do you need to know? "I need to know the law here" is a pretty broad request.

    It sounds like your employer is working with you on this, and FMLA is job protection, so your time off is already protected under FMLA.


    • #3
      Why would you expect a different commission structure? Obviously ifyou work less time you may make less in commissions as you will have less sales time. That is no different than being off on vacation for 2 weeks. While gone you miss 2 weeks worth of potential sales time and therefore commissions.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


      • #4
        I'm sorry, I did not provide enough information. My question is regarding my commission while I am on fmla. My employer is not sure how I will be paid. Currently, I am given a monthly goal, with a percentage attached to it. I think I am going to maintain my monthly billing. Why should my commission be altered? I am not an hourly employee. If I can keep my revenue up in less hours, are they allowed to pay me less on that revenue? If that is the case, should I be given a lower goal to reach?

        When I am off on vacation or sick, I work in advance to get my orders in, and receive my full commission. I ask this question because my immediate supervisor has indicated I will not receive my full commission, but the company "will work something out".

        I hope this is clearer. Thank you for your responses.


        • #5
          The problems (two) are this.

          1. Since you are Outside Sales, there is no minimum wage or overtime issues. From strictly a wage issue, you basically have a contract law issue. If we ignore FMLA for the moment, there is a Common Law principal that you need to be paid whatever was agreed upon. Federal law (FLSA) is only interested in MW/OT, meaning not all in this situation. Federal DOL would consider this to be a state issue. Your state is not my state but generally you would either go to small claims court or talk to an attorney, but the recourse would start with a very hard look at the compensation agreement. If we were talking Common Law and only Common Law, then the employer could say the changes are legal because they are on a go forward basis. If they tried to make retroactive changes, where the changes in compensation effect work already done, then under common law, this would be legally questionable. And OH is not my state, and I do not know the OH rules on this. Just the non-existent federal rules.

          2. HOWEVER!!!! the employer is making the changes in the commission agreement after you went on FMLA. Arguably because you went on FMLA. It would have been perfectly legal to keep the old agreement in place as is even if you suffered. But the timing here is legally suspect. I am not a FMLA expert, but this is setting off potential flags for me. But since this is not my area of expertise, I do not know just how deep a hole the employer has dug, just that they should have talked to an attorney first. There are other responders who know a lot more about FMLA then I do. I am more of a FLSA kind of guy.
          Last edited by DAW; 07-10-2011, 10:40 AM.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)


          • #6
            Thank you DAW. Appreciate your answers. Hoping an FMLA kinda guy/gal stops in to contribute : )


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