Legal Question in Business Law in Georgia
My boss placed a draw against commission on an agreement and is now trying to use that draw against paying me for duties other than sales commissions. I developed and hosted his website and he is trying to use this draw against paying me for these fees. The website to my knowledge was not included in the draw. My boss verbally told me he would not collect on the draw unless I earned over $2000. per month which I did not earn over $500.
3 Answers from Attorneys
What is your question? You failed to tell us the most important fact - what was your other agreement to get paid for what you believe was not included in the commission agreement. Obviously we do not know what the agreement was, if there was one. Based on your post, you don't either. If there was no agreement, on what basis do you claim money is owed? Many commission employees have office duties other than direct selling and that is part of the job.
An attorney will tell you more information is needed, as well as a specific question based on the information provided. For example, was the "draw against commission" in a written agreement; or was it entirely oral. Was your website development and hosting part of what your duties were to your boss? What's the relationship - independent contractor vs. employee? Consult with an attorney in your area for specific advice.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
As the others here have said, you left out much needed information and should talk to a lawyer who can review things you did not share with us, such as written agreements.
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