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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41220
Experience:  I provide employment and discrimination law advice in my own practice.
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To Whom it My Concern, I need help please. I was terminated

Customer Question

To Whom it My Concern,
I need help please. I was terminated last week from a company that I had worked for for about 19 months. They have sent me an "Employee Termination Agreement and Release". I feel very uncomfortable signing it due to a few things. So to start with the items in the offer letter.
* I signed an offer letter where I have a "Base Salary of $30,000.00 per year plus commission.
* Per the agreement the is a start up "draw/loan" where they pay me $1057.00 plus my salary for 6 months.
* Note: In this offer letter the draw/loan is to go against my commissions. In this offer letter it is never stated that I have to pay this back. Here is where this problem is.
The "Letter" says the will pay me a "severance pay" (2 Week Salary) but I have to agree to and sign the letter. PROBLEM, Employer says that they agree to pay me $20,813.13 subject to appropriate tax withholding. "They Say" this represents the approximate amount that "I" owe them for outstanding advance that I currently owe and will be no further obligation will be owed. Signing this will also allow them to sign any and all paperwork necessary to authorize this deduction.
Please know that I have never received any commissions or even a commission statement ever from this company. The CFO says he can write this off and help the out and they give me a severance pay. This Scares me. I live in GA and it is a right to work state and company is in OK. Checks are paid by Staffone.
Last thing, the have list of items to return and I have all but an I-Pad that is on this paperwork.
Scared to Sign This!!!
Thank You ahead of time for any and all advise.
Thank You
Roy
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question, Roy. Please permit me to assist you with your concerns. I am a bit unclear here--is this a commission advance, or an employment offer? Please advise!
Customer: replied 1 year ago.
Sorry. Question, l was paid a draw/loan according to my offer letter 18 months ago and now I have been terminated. Now employer wants me to sign letter so they can say they are paying $20,000.00 but holding it pay back the draw/loan. So, if I do not sign the letter the are saying they will come after me for the 20,000.00. So can they come after me since I was never told I had to pay it back and was not in offer letter to pay it back????
I believe they are using or doing it this way so that they can write it off on their taxes.
Expert:  Dimitry K., Esq. replied 1 year ago.
Just to be sure, when you were hired, you were told that this was a 'draw', or did you believe it to be earnings?
Customer: replied 1 year ago.
Offer letter, I was paid a draw/loan is what I was told. They paid me this draw/loan so that I could make the kind of money that I requested that I needed. After 6 months this stopped. The draw/loan was to go against commissions. I never was given a commission statement for this company to say that I never made a commission or did not make a commission.
My Question was can the employer come after me legally for this draw/loan saying that I owe them this. Remember is was never mentioned that I was to pay this draw/loan back, it was just to go against my commissions.
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi, If your question is solely based on whether or not they can come after you, then the answer is 'yes'. If this money was listed as a 'draw' and not as a wage, you have to return the funds when you leave the employer. You can challenge the amount and potentially show where you may have earned this draw, but if you did not you must return it upon termination. Sincerely, ***** *****