Legal Question in Civil Litigation in Maryland

comission advance

Question:

I am a sales rep and have not met my advance in sales comission in quite some time. I am in the hole to a tune of $135,000 dollars voer the past 7 years. My employer brought this to my attention the other day and made the comment that they were not going to be able to carry me anymore. Though they did not fire me I think they are looking for me to resign. My question is if I do resign can they come after my home and savings to repay them? We have nothing in writing and while I have been made aware of the balance over the years they kept paying me.

What are the legal things here in Maryland concerning a situation like this?

Thank you


Asked on 4/13/09, 3:47 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: comission advance

It would be highly unusual for an employer to do this as long as you were making a good faith effort to make sales. If you are married and your assets are jointly held with your wife, they would have no ability to use those assets (home, joint bank account, etc.) to recover commission advances even if they were to pursue you. If you do decide to resign, it would protect your interests to have a mutual release signed by you and the company.

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Answered on 4/13/09, 4:02 pm


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