Legal Question in Employment Law in California

Draw against commission

I recently was discharged from a ''draw against commission'' job. I wasn't able to meet my draw through earned commissions. The employer is withholding my last two week ''draw'' as payment against my balance of draw vs commission. They had me sign an acknowledgement of reciept of the employee manual but I never did receive it. Can they withhold my last two weeks?


Asked on 6/05/09, 11:24 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Draw against commission

"Can they?" Sure. Should they? Different question. You can file a claim with the Labor Commissioner to seek their help getting back your money, if they agree the withholding is improper.

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Answered on 6/05/09, 3:05 pm
Terry A. Nelson Nelson & Lawless

Re: Draw against commission

"Can they?" Sure, they already did. Should they? Different question. You can file a claim with the Labor Commissioner to seek their help getting back your money, if they agree the withholding is improper.

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Answered on 6/05/09, 3:06 pm


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