How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joseph Your Own Question

Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4872
Experience:  Extensive experience representing employees and management
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

I am a W2 employee in New York of a California-based company.

Customer Question

I am a W2 employee in New York of a California-based company. My colleague and I get a draw salary of $8,000 per month. Employer stopped paying my partner's draw then asked him to pay back the difference between the draw he received versus the commission he generated. Does he need to pay the employer back the difference? I heard the employer can not ask an employee to pay back a draw salary in NY...
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm very sorry to hear about your situation and hope I can help.

Do you know if your friend (or you) signed a promissory note or any other agreement that states that you have to pay back the portion of the unearned draw?
Customer: replied 1 year ago.

We signed an employment agreement that talks about it in vague terms. I can probably get you a copy.

Expert:  Joseph replied 1 year ago.
Hello Alan,

It would be very helpful for me in answering your question if you do so. Thanks!
Customer: replied 1 year ago.

How can I send through a 7 page pdf document?

Expert:  Joseph replied 1 year ago.
Hello Alan,

You can try attaching it through the paperclip icon. If you aren't able to attach it, if you can try to divide i into one or two page documents that may enable it to go through.

The alternative would be to cut and paste the document if you can. You can focus on the clause(s) related to the draw.

Thanks!
Customer: replied 1 year ago.

I can't attach the file or cut and paste from a pdf. Very frustrating. can you suggest any alternative solution?


 

Expert:  Joseph replied 1 year ago.
Other than contacting customer service, I cannot really think of one.

I know there are programs (like nitro and something through adobe) that can make pdf documents into word docs, but I think they all ocst something.

Expert:  Joseph replied 1 year ago.
Hello Alan,

I should be able to provide you with the requested information without you attaching the agreement.

You are correct. An employer cannot require that an employee repay any portion of an unearned draw. A draw can only be reconciled against future commissions and employees who leave this type of employment are not required to repay the draw received.

Please see this site for additional information:

http://www.labor.ny.gov/legal/counsel/pdf/payment-of-commissions-frequently-asked-questions.pdf

I hope the above information is helpful. Please let me know if you have any additional questions or need any additional information.

Thanks and best of luck!
Customer: replied 1 year ago.

I forwarded the full contract to XXXXX@XXXXXX.XXX and they will forward to you.

Expert:  Joseph replied 1 year ago.
Hello Alan,

My analysis above applies as long as the money that was advanced is considered a draw against commissions, which absent any other indicators, it definitely should be.

Did the employer term it as such?

If not, there could be an issue with the employer claiming that the draw was an 'unsecured loan.' If they called it an unsecured loan, and a promissory note was written for it, then the employer would be able to require repayment of the 'loan' through section 4(c) of the agreement.
Expert:  Joseph replied 1 year ago.

Hello Alan,

 

Please remember to rate my answer positively so I get credit for my work!

If you don't rate me positively the website recoups your entire deposit and I get nothing for assisting you. Since I need the money way more than they do, please rate my answer positively!

 

Again, if you need any follow up information or have any follow up questions, don't hesitate to ask!

Thanks again and best of luck!

Expert:  Joseph replied 1 year ago.
Please let me know if there are any follow up questions I can answer or additional information I can provide to get you to positively rate my answer.

Thanks again and best of luck!

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    912
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    912
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    827
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    320
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3098
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    20
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.