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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 17483
Experience:  B.A.; M.B.A.; J.D.
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I have an ex employee who resigned on 04/21/201. He had a

Customer Question

Hello,
I have an ex employee who resigned on 04/21/201. He had a retail sales job at a retail store.
He is paid on commission, I paid him a draw against his commission on 04/15/2016 as usual. His draw was superior to his earned commission.
He went to the DOL of Denver CO and claimed unpaid wages, overtime and unemployment.
Employee was never terminated and resigned by phone text message at 1am. He also broke a clause of his employment contract which is a 15 days notice before his resignation.
This case has not gone through investigation yet and we need advice in order to be prepared in case an investigation happens.
Thank you
Submitted: 3 months ago.
Category: Employment Law
Expert:  Phillips Esq. replied 3 months ago.

Hello: This is Attorney Phillips. Welcome to Justanswer! I will be assisting you today with your post.

I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 3 months ago.

The only way to prepare is to put together chronology events:

(1) When he resigned.

(2) When he was paid a draw against his commission.

(3) How much he was paid.

(4) Whether you owe him any more commission.

(5) Make sure to have documents supporting your claim.

Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.

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