Legal Question in Employment Law in California

Two Week Notice

I am in California and just gave my two week notice at a company that I have been employeed by for approximatly 2 1/2 years. The pay started out as a base pay and commission and then it went to a decreased base pay with commission and during the start of July I went to a Draw against commission with no base pay. My question is even though I'm on a draw against commission is the company still required to pay me my last two week check? And if my draw exceeds my commission am I obligated to pay the company back? Please help me find the correct. What is the law? and what are my rights? I need your help GURU.


Asked on 11/05/99, 1:30 am

1 Answer from Attorneys
Stuart Kaye Law Offices of Stuart M. Kaye

Re: Two Week Notice

An employer is obligated to pay you only what you earn during the two week period. If you earn commissions during that period, they must pay it. If you have earned commissions prior to that period the company must also pay you those commissions.

You are required to repay your employer any draw that you received if you previously agreed to do so. If you did not previously agree to repay any draw, the draw may be construed as a salary.

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Answered on 11/08/99, 8:20 pm


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