Is it against the law for a commission employee to get their commission when out on sick leave if they did not do the work?

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Is it against the law for a commission employee to get their commission when out on sick leave if they did not do the work?

A co-worker of mine is out for at least 6 weeks after surgery. She only gets

commission. Anything to come in while she is out, even though she will have

nothing to do with it, my boss says is her commission. Is that legal?

Asked on August 15, 2018 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The law does not actually address this issue--commissions are a "contractual" issue in that anything agreed to between the employer and the employee (so any rules for commissions which the employee agreed to, either explicitly or implicitly by continuing to work there with knowledge of the rules, thereby showing consent to or acceptance of them) is legal. If this is the policy of your employer--thus, the effective agreement under which commissions are earned at your company--it is legal.


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