Terminate you if you don't give a 100%? If they fire my sister in law before a certain date, she will lose 30K in real estate commissions and they know it. Her boyfriend just died and she is distraught and her employer is fully aware of that also.
2006-08-18 08:14:45 · 11 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
See an employment attorney immediately.
2006-08-18 08:20:45 · answer #1 · answered by Abby M 2 · 1⤊ 1⤋
Florida is an employment at -will state. In other words, any employer can fire you for no reason at all. This is hardly unique to Florida. So the presence of absence of that agreement really doesn't change whether the company could turn around and fire her before that certain date.
Put another way, if she was, for some reason, not performing and this is part of a performance process, they are actually doing more than they have to- they could just let her go.
The main thing to focus on in the agreement would be that it is specific and has ways for the agreement to be met/not met. It may be perfectly legal to ask her to sign it, but she can always push back if it is poorly written or so vague that she doesn't know what she has to do to meet their 'demands.' So view it in the same way you view a performance review or job description: they have to be clear to be meaningful.
If they have an HR department, definitely push it in that direction since they usually want to avoid poorly written agreements that can lead to conflicts later (whether legal or not).
2006-08-18 15:28:54 · answer #2 · answered by QandAGuy 3 · 1⤊ 0⤋
This is called an "at will" employer and it is pretty standard. However, she should still be entitled to any commission she has earned, as long as the sale has been completed. I work at a credit union where loan representatives earn $5 commissions on certain insurance products. They are usually paid these commissions on their mid month paycheck but if they leave before than (even if fired), those commissions are paid on their final paycheck. I would check with your local employment office.
2006-08-18 15:22:55 · answer #3 · answered by Treesy 3 · 0⤊ 0⤋
Tell her not to sign anything until a lawyer looks it over. What the hell does 100% mean? It's not quantifiable and therefore I don't think it would be legal. If they fire her for refusing to sign, she could sue for wrongful dismissal. I am sorry about her loss.
2006-08-18 15:22:11 · answer #4 · answered by cathcoug 3 · 0⤊ 0⤋
interesting to see what their definition of "100%" is. if she's getting 30k in commissions seems pretty apparent she's doing her job. I'd consult a lawyer about this. sounds like something shady is about to go down.
2006-08-18 15:21:18 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Your Sister in Law is not an employee, she is an independent contractor. She may need an attorney to interpret her agreement and what might happen if she is terminated.
2006-08-19 00:53:31 · answer #6 · answered by HMMMMMM 3 · 0⤊ 0⤋
You are working in the wrong state darling. They can't make you sign anything but if she did sign then they have every intention of using the right they have been given.
2006-08-18 15:21:48 · answer #7 · answered by murph_ltt 5 · 0⤊ 0⤋
I have never heard of such a thing..Firing is a long drawn out procedure unless you do something really wrong..Threaten them with a wrongful discharge lawsuit
2006-08-18 15:21:52 · answer #8 · answered by dwh12345 5 · 0⤊ 0⤋
I'd check this place out first, and see if there was somthing specific for your state:
http://www.dol.gov/esa/whd/
2006-08-18 15:22:19 · answer #9 · answered by ralahinn1 7 · 0⤊ 0⤋
Sorry about her bf. I agree that she should look for a lawyer.
2006-08-18 15:24:26 · answer #10 · answered by Roberto 7 · 0⤊ 0⤋