Legal Question in Employment Law in California

my husband was hired as a commission only sales rep last year they provided him with laptop, travel expenses, & $1000/week draw for 12 weeks then the draw stopped he received a 1099 for the draw in 2009 but in 2010 they told him he had to pay $12K back. They hired him as a f/t employee in 2/2010 and took the $12K from his commissions due and did not report them on his paycheck, can they take his commissions that he was given prior to his employment as one bulk sum? They have not given him anything but an excel list of what he earned and when his commissions paid back the draw he then received his new commissions on his paystub. His paycheck does not state the correct amount of money he earned in 2010 and may hurt us in qualifying in a modification. How can we fix this?


Asked on 9/22/10, 12:04 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

He may have a valid claim of wage and hour violation. He can file a suit for the damages, penalties and interest. If he is serious about doing so, feel free to contact me.

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Answered on 9/27/10, 12:27 pm


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