06-03-2007, 09:19 AM
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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
Thank you for your quick response. I can tell you that none of my paystubs say "Draw." They all say "Salary." This company is a small business, with less than 15 employees. After receiving the e-mail (with the spreadsheet), I spoke with my employer about it. (I asked the Office Manager to sit in on the discussion so I would have a witness to the conversation. While the Office Manager was not present when I was hired and when we agreed upon my pay, he is well aware of my pay arrangement and does not understand how our employer can even think to get away with this). I asked my employer to show me anything in writing where we even discussed the base pays being draws. He could not do so. We debated the issue with no resolution.
Following my conversation with my employer, I realized I had no choice but to resign. I need a job where I will get paid for work, and yet my employer expected me to work without pay until he collected $50,000 from me (6-10 months).
The Department of Labor told me I would need to go to the civil courts to try and get my $20,000 in payroll, because they only assist in cases involving less than $2,500.
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Do you recall if you signed an employment agreement or contract that laid out the terms of your salary at the time you were hired? Typically, there are no real laws regarding commissioned income (that may differ in your state,) but unless there was clear language somewhere in your hire paperwork that stated the pay plan was subject to change with/without notification by the employer, he cannot withhold your past earnings. This is typically .. the laws of your state may read differently. That's also under the assumption no prior wage assignment, such as child support arrearage, state or federal tax liens (for example,) was already in place. Even then, the employer isn't entitled to that money. All of these factors can be discussed with your attorney.
A thought to keep in the back of your mind: It's highly suspicious that your earnings are being withheld under such unusual circumstances. I can only suggest you keep this in the back of your mind while you pursue your action: if an employer can't (or won't) pay your wages on time, it may well be because he simply doesn't have it for any one of a number of reasons. While you may end up prevailing in the end, collecting your back wages may be a problem. (MAY or may not.) This isn't being said to dissuade you from proceeding ... just understand there are no absolute guarantees you'll collect in the end. Hopefully, the office manager you mentioned above is willing to assist you (or at the very least provide a notarized statement now,) .. that should at least strengthen your side. Again, this is an opinion and not to be construed as legal advice.
And again, good luck to you.
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