What is the name of your state (only U.S. law)? California
Hi, I'm a sales rep. The company I work for is based in Pennsylvania but I physically work in California.
I had a serious medical injury that was non-work-related occur. I was granted FMLA leave by my employer.
I recently discovered that I need surgery and will be out past my 12-week FMLA entitlement.
I asked my employer what their intentions were after my FMLA leave expires and they said that I would still have a job.
The problem is I'm not getting paid anything while on leave. I've been on leave since May 25, 2010. It was only determined last Friday (8/30) that the injury was not work related. I discovered too late that I probably could have received state disability but that I would have had to file for it within 49 days of the time-off. I still plan to apply with a letter of explanation but I don't know whether I would get it or not.
My question is: I get paid a salary plus commissions plus home office expenses in a sales job. My sales commissions consist of two parts: a bonus for new business and a commission on monthly reoccurring billing from clients that I contracted. Obviously, my clients are still paying their bills and I would have earned that commission if I were not on leave without doing anything else (ie. making more sales). However, my employer has said that I would not receive any component of my pay: salary, commission, or office expenses while on leave.
My employer obviously knows I'm not getting paid and, since the injury was determined to be non-work related, I believe that they are now saying that they will still have a position for me to avoid laying me off and having to pay unemployment benefits.
I understand the salary and office expenses not being paid to me.
I want to know if they can withhold the commissions from my existing customers that I would have earned if I were not on leave.
I looked at my commission schedule and it only states that I must be an employee to earn commissions. Nowhere in my employee handbook or on the pay plan does it state that I forfeit my commissions if I'm on leave.
I really need some income. Please help.What is the name of your state (only U.S. law)?
Hi, I'm a sales rep. The company I work for is based in Pennsylvania but I physically work in California.
I had a serious medical injury that was non-work-related occur. I was granted FMLA leave by my employer.
I recently discovered that I need surgery and will be out past my 12-week FMLA entitlement.
I asked my employer what their intentions were after my FMLA leave expires and they said that I would still have a job.
The problem is I'm not getting paid anything while on leave. I've been on leave since May 25, 2010. It was only determined last Friday (8/30) that the injury was not work related. I discovered too late that I probably could have received state disability but that I would have had to file for it within 49 days of the time-off. I still plan to apply with a letter of explanation but I don't know whether I would get it or not.
My question is: I get paid a salary plus commissions plus home office expenses in a sales job. My sales commissions consist of two parts: a bonus for new business and a commission on monthly reoccurring billing from clients that I contracted. Obviously, my clients are still paying their bills and I would have earned that commission if I were not on leave without doing anything else (ie. making more sales). However, my employer has said that I would not receive any component of my pay: salary, commission, or office expenses while on leave.
My employer obviously knows I'm not getting paid and, since the injury was determined to be non-work related, I believe that they are now saying that they will still have a position for me to avoid laying me off and having to pay unemployment benefits.
I understand the salary and office expenses not being paid to me.
I want to know if they can withhold the commissions from my existing customers that I would have earned if I were not on leave.
I looked at my commission schedule and it only states that I must be an employee to earn commissions. Nowhere in my employee handbook or on the pay plan does it state that I forfeit my commissions if I'm on leave.
I really need some income. Please help.What is the name of your state (only U.S. law)?