06-02-2007, 10:42 PM
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Senior Member
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Join Date: Nov 2006
Posts: 456
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Quote:
Originally Posted by valhalla
I am paid a minimum base pay or commission, whichever is greater (bi-weekly). This was a verbal agreement between myself & my employer when I was hired. Now my employer is stating the base pays were actually Draws & that I owe him over $50,000.
At no time did we discuss the base pay being Draws, nor would I ever agree to that. There is no written contract stating the base pays were Draws or that I had to pay those back. Nor has my employer tried to collect on those base pays before now (after two years of paying base pays)).
My employer sent a spreadsheet to me this past Thursday showing the base pays as Draws, & he applied my current paycheck to the total "Draw" amount, meaning I am not getting paid this week. In fact, it means he will not pay me until he collects another $49,000.
I called my state Department of Labor. The advisor I spoke to said I need to fight this is in the civil courts. She stated if the base pay was an advance towards my commission (draw), my employer would have had to tell me. She also wanted to know why my employer would let it go for almost two years (if collecting on the base pays is what he really intended). She stated draws usually get drawn in the pay period, not two years down the road.
I need to know what is the best course of action, & the quickest course. My employer owes me close to $20,000 (yesterday's paycheck which I did not receive, and unpaid commission on jobs I sold).
Thank you for taking the time to read and respond.
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It sounds like you've already received an excellent suggestion, based on what you've posted. Before you schedule an appointment to consult with a good employment attorney in your area, be sure to collect as many paycheck stubs as you possibly can. It's important that you examine them to determine your type of base pay, be it salaried, hourly, draw or commissioned, etc., as all paystubs have one sort (or another) of base pay clearly labelled. As long as NONE of them clearly state "draw," you can at least begin to proceed. Any good employment attorney familiar with your state labor laws can let you know in your initial consultation what the best course of action may be. (Unfortunately, it might not be the quickest one.) Hopefully, he/she may also be able to get a copy of your original terms of hire .. I'd be curious to see if your employer still has a counter-signed original.
Short of that, I can only ask if your company has a national or regional corporate headquarters that you can possibly go to for help. (If that's available, I'd strongly suggest any corresondence between you be done in writing and that you retain copies.) If that's not the case, only you can decide whether or not to remain at your job under those circumstances. Unless your state will allow you to file a complaint to your Labor Board, your best bet is to consult with an attorney. (My opinion.)
Intriguing post. Please let us know how it turns out for you. Good luck.
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