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Is it legal in Fl. to pay commission only in a telemarketing position?

Strawberry Ruester's Profile

My sister has a job calling people to set up appointments to sell their Timeshare, she doesn't get paid anything until a sale goes through, she is not a Realtor or in any real estate position.


(Agent, JKS Solutions, Inc.) |

Any sales position is considered a statutory employee regardless of how they are paid. That means if she earns a commission the company still has to withhold federal payroll taxes and federal withholding on her behalf and remit it as if she were a W-2 employee. At year end she would receive a special type of W-2 that would document those withholdings.

She has what is called a sales lead generation job. Yes, it is probably commission based. Her job is to produce qualified leads that will turn into a sale. If she produces unqualified leads that do not result in a sale she does not get paid. If she agreed to work as a commission only rep, those are most likely the terms of her employment.


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