Legal Question in Employment Law in California

Salary/Base Pay VS Draw
Do I have a legal obligation to "pay back" my employer if I am working on a draw? No contracts were signed, only a verbal agreement. Initialy, the meaning of a draw was undersood differently by me. I understood it that, I would receive my base pay, or my earnings and commitions, not both. My employer explains that I was being paid a salary regardless if I earned it, and that I, or they would have to pay the other the difference after a 6 mo. period. Working on a draw is still not clear to me. Please help.

Asked on 3/12/99, 3:41 am

Stuart Kaye Law Offices of Stuart M. Kaye

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Re: Salary/Base Pay VS Draw

Absent a written agreement requiring repayment of a draw, the continuous payment of the draw has been construed as a salary payment.

If your employer refuses to pay any wages you believe are due should you terminate your employment, file a claim with the State Labor Commissioner.

Stuart Kaye

Law Offices of Stuart M. Kaye

8355 La Mesa Boulevard

Answered on 3/30/99, 11:19 am

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