Legal Question in Employment Law in California

Can employer deduct draw from commission due employee after employee quits?

If an employer is not entitled to a setoff of debts owed it by an employee against any wages due the employee, can my ex-employer deduct my draw from the commissions due me at the time I quit? Isn't a draw that has to be repaid by the employee to an employer a debt by definition?


Asked on 11/20/00, 3:03 pm

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: Can employer deduct draw from commission due employee after employee quits?

Much will depend on how draws and commissions have been documented in the past. Generally an employer may adjust commissions to recover draws.

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Answered on 12/01/00, 2:31 am


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