Legal Question in Employment Law in California

Job Abandonment

If you hire someone on a draw plus commission that is documented as an advance against commisions to be earned, and they abandon their job, can you retrieve the draw monies advanced?

I hired a sales manager, on a 9 month diminishing draw plus commission basis.

After 3 months he informed me of a personal situation which would require a couple days to sort out. This turned into one more week, another two weeks with the only contact between us coming at my initiation. This continued for another two weeks.

Finally, I sent an email terminating him and reqesting the company computer and pda to be returned. This took an additional two weeks after empty promise after promise.

Now, we are out 90 days of compensation plus other expenses.


Asked on 3/27/08, 10:30 am

1 Answer from Attorneys
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Job Abandonment

Generally, an advance will not be viewed as wages unless and until the conditions of the advance have been satisfied. Therefore, we would need to know more about how the advance was earned under your agreement with the employee before advising you whether you can recoup the 90 days of compensation.

Feel free to contact my office if you would like to pursue this matter.

Good Luck!

LEGAL NOTICE: The information presented in this e-mail should not be

construed to be formal legal advice nor the formation of a lawyer/client

relationship.

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Answered on 3/31/08, 6:09 pm


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