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I have a two year contract with my employer. HELP

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Dave Fricker

i was terminated yesterday. i have a two year contract with the employer. in the terms of the contract they can terminate me with a 30 day written notice, or agree to pay me one month of my salary. i was receiving a base salary and a draw on future commissions. they are stating in the termination letter that i owe them the draw back since i did not make enough commission to pay back the Draw. my contract does not state that i have to pay back the draw. they are stating in the letter that if i agree to waive my final pay and my accrued vacation time. i will not have to pay them back. Is this legal? Can they do this? I work in Torrance, CA. they are waiting for me to sign this letter. please advise asap.



Draw on future commissions

A draw on future commissions is in the nature of a loan, to be repaid out of commissions. If you have no commissions to repay the draw out of, you owe the employer the amount of the draw.

However, if the company violated your contract by firing you, you have a suit for wrongful termination, and if that is the case, you would probably not end up owing the money to them.

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