Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

To Whom it My Concern, I need help please. I was terminated

Customer Question
To Whom it My Concern, I...
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: 2 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 1 hour by:
7/21/2015
Employment Lawyer: Dimitry K., Esq., Attorney replied 2 years ago
Dimitry K., Esq.
Category: Employment Law
Satisfied Customers: 41,221
Experience: I provide employment and discrimination law advice in my own practice.
Verified
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!
Ask Your Own Employment Law Question
Customer reply replied 2 years 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.
Employment Lawyer: Dimitry K., Esq., Attorney replied 2 years 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?
Ask Your Own Employment Law Question
Customer reply replied 2 years 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.
Employment Lawyer: Dimitry K., Esq., Attorney replied 2 years 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, ***** *****
Ask Your Own Employment Law Question
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41,221
41,221 Satisfied Customers
Experience: I provide employment and discrimination law advice in my own practice.

Dimitry K., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

41,221 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
If I was 5 min late, can my employer deduct full 30min from
If I was 5 min late, can my employer deduct full 30min from the hours worked? … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
Wage lawyer.. Looking for advice only. Taking it very
No, looking for advice only. Taking it very cautious. … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,537 satisfied customers
Employer of my friend did not deduct social security and
Employer of my friend did not deduct social security and medicare for last 13 years. He was student form INdia on opt for initial 3 years exempt from SE tax witholding but was changed to H1 thereafter… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My wages consist of a base and then a quarterly bonus that
My wages consist of a base and then a quarterly bonus that is up to a max percentage of my base calculated somewhat arbitrary on basis of performance, revenue, size of bonus pool, etc. My compensation… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My employer in California did not pay me for my several pay
my employer in California did not pay me for my several pay periods I worked. He hasa manufactured false pay stubs and a W4. What can i do about this? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
I have a question about Wage deductions in county, Illinois.
I have a question about Wage deductions in cook county, Illinois … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,356 satisfied customers
I wanted to know- I was terminated officially Friday. They
Hi! I wanted to know- I was terminated officially Friday. They offered 6 weeks serverance pay (paid biweekly), Can I still apply for unemployment in Pennsylvania? Or wait? … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,334 satisfied customers
What is the maximum amount/percentage allowed to be deducted
Hello, what is the maximum amount/percentage allowed to be deducted on an employee's check per pay period for a company payment plan? We have a current fraud case going on with formal investigation re… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is payment of wages required to a person who holds and H1-
is payment of wages required to a person who holds and H1-B visa in order for that visa to remain valid, if the person is not laid off or otherwise terminated? … read more
KLAW
KLAW
Juris Doctorate
1,763 satisfied customers
I was wrongfully terminated with wages withheld after many
I was wrongfully terminated with wages withheld after many years of workplace harassment, discrimination and bullying. I live in NY, what are my legal rights? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
My employer wants to forcibly deduct the cost of repairing a
My employer wants to forcibly deduct the cost of repairing a fleet vehicle from my wages. I work on the road. We are not allowed to drive our personal vehicles. I wasn't in a wreck. The drivers side d… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I am about to be on severance pay. My contract states the
Hello, I am about to be on severance pay. My contract states the package is 12-weeks. The HR mentioned it will be "taxed more because it's a supplement income." But my salary already gets close to a 4… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,537 satisfied customers
I was off on Wednesday and received a severance pay of
Good morning. I was laid off on Wednesday and received a severance pay of approximately one week per year. Since I was the HR administrator, I am aware that other employees received more than one week… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Offered a 12 week severance pay package as part of a
Offered a 12 week severance pay package as part of a reduction in force lay-off, agreement was signed and notarized. Now company is saying that agreement had a TYPO and is reducing severance pay to on… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
996 satisfied customers
Is severance pay subject to unemployment taxes for an
Hi Pearl. Is severance pay subject to unemployment taxes for an employer in NM? … read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
My employer is trying to deduct, without written permission,
My employer is trying to deduct, without written permission, monies from my paycheck that they say was overpayment from 2 years ago. This paycheck is also over two weeks late. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
996 satisfied customers
My employer is trying to deduct my wages for a bus ticket
My employer is trying to deduct my wages for a bus ticket home. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Can an employer deduct part of my wages other than standard
can an employer deduct part of my wages other than standard deductions, that are not court ordered? … read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x