Legal Question in Employment Law in California
I received draws on commission for 3 months. I was then terminated. My ex employer is suing me for the reimbursement of the draw money. Is this legal? Do I have to pay back the draws?
Asked on 2/09/11, 11:30 pm
1 Answer from Attorneys
Michael Kirschbaum
Law Offices of Michael R. Kirschbaum
It depends on the terms of the commission contract and whether the commissions received were earned. If not earned, the advances may have to be repaid, less minimum wage for hours actually worked and, possibly, overtime premiums. If you've been sued, you must see an attorney immediately, for a legal opinion and advice.
Answered on 2/10/11, 8:40 am