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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11290
Experience:  Significant experience in all areas of employment law.
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I am being asked to pay back my draw...at 6 months in my agreement

Customer Question

I am being asked to pay back my draw...at 6 months in my agreement they were supposed to reevaluate my draw...i was way behind at that point. finally a year after they discontiued my draw. Now they are coming after it from me. I am no longer working there
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and welcome. I am sorry to hear about this dispute over your draw. If you would be so kind, can you clarify what your actual legal question is? What would you like to know about this situation? I very much look forward to helping you on this matter.
Customer: replied 1 year ago.
It was stated in agreement that they would get with me at 6 month mark and go over my draw...never happened they wait till the year was over and I was upside down a crazy amount. I quit in may...i get a letter saying they are terminating me. I quit. Now they are threatening to sue me over amount. I asked them to send me documentation.
Expert:  Patrick, Esq. replied 1 year ago.
Thank you for the additional information, however you are still not asking a question so I do not know what it is that you would like to know. What specifically would you like to know?
Customer: replied 1 year ago.
What do I do because I can not pay it back right now and I can't afford to be sued either
Expert:  Patrick, Esq. replied 1 year ago.
Thank you again. Unfortunately, as you seem to understand, the draw must be repaid since a draw is by definition an advance (money that doesn't belong to you), not wages earned. That said, it will cost your employer time and money to sue you, and so they have a strong incentive to work this matter out with you instead of pursuing their legal remedies. Therefore, the best course of action would typically be to negotiate a repayment plan. A good baseline would be to offer to pay the entire amount owed over the course of 18 monthly installments. The number of installments can be negotiated up or down. You can also offer to make a down payment. You can even propose a total repayment of less than the amount actually owed, though I think it is less likely your employer would agree to that. Basically, you can structure the repayment however you like, provided you and your employer both find it acceptable. They have a strong incentive to settle because the alternative means they will have to spend money of legal fees and lot of time that could otherwise be devoted to work. This is your recourse under the circumstances. I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.
Customer: replied 1 year ago.
Can I file bankruptcy?
Expert:  Patrick, Esq. replied 1 year ago.
Yes, this sort of debt could typically be discharged in bankruptcy. You would need to speak to a local bankruptcy attorney about the details, however, as I do not practice bankruptcy law. I hope this helps. Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.Very best wishes.

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