I quit my job last week. My employer says they don't have to pay my guarenteed draw for last month. Is this legal?
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I worked the entire month and gave 30 days notice. I gave notice on the 26th. This draw is guaranteed until December 2011 because they knew it would be next to impossible to commission this month.
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Answer:
Not sure. Can you define guarenteed draw?
Troilet at Amazon Askville Visit the source
Other answers
They gave me a guaranteed (Non recoverable) $1000 extra per month until December,2011. They did this, knowing that it would be very difficult to commission the first 9 months.
Troilet
Ok, if I understand correctly, they gave you a thousand dollars month draw until you built up enough sales to earn a living. However, you quit the job - and that means you built up no sales at all. The employer invested in you in the hopes of getting that money back through new business you were going to bring in - and you did not try to bring in new business. Therefore he is not legally required to give you the draw. It was contingent on you staying at the job, and producing revenue, which you did not do. He owes you nothing.
TurboB
I actually did build up sales. I sold much more than they thought I would and I have them set to get their biggest contract in their history in January. So I did sell. To me it just feels like it's vindictive.
Troilet
Any time one quits, one shifts responsibility to oneself, AWAY from others. I think it's almost always a bad idea (i.e., the only time it's a good idea is when one is merely suing the company instead.)
danielpauldavis
It appears you quit too soon. You should have waited till September to give notice. If they would have laid you off, they might have to pay the draw. But, because you gave notice and quit, it changes the conditions of work. A guaranteed draw is like a salary. If you don't work for someone anymore, they are under no obligation to pay you unless you have a signed contract that spells out the draw and how it works. A guaranteed draw is like a baseball players contract. If they cut you, you still get paid. If you quit, you don't get the rest of the value of your contract. Again, it depends on how their pay plan is worded if you give notice before the month has ended. Insurance company guaranteed draws work the same way. As long as you are working for the company, you get paid. The minute you leave, the draw stops.
WEALTHADVISOR
The draw must stipulate that you are actively employed there. But, I'm not a lawyer, if you feel you've been treated illegally consult one
BosM
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