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Draw vs. commission when you leave an employer

  • Thread starter Thread starter dextrose
  • Start date Start date

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dextrose

Guest
What is the name of your state? Florida.

I joined a company launching a start up publication two months ago as an Independant Contractor. We agreed to salary for two months, then to draw vs. commission.

No sales person has been successful in selling either a November or December issue, and the salary period just ended. I've heard that the company will not print a first issue unless they can make a profit off of it, which to me isn't good business sense. Due to the lack of interest in this publication, I'm considering moving on.

The salary period is over and effective Dec.6th it moves to a draw. If I stay and take the draw until I find other employment, am I required by state laws to pay the draw back?

My contract states that for termination I am required to give 10 days notice and train my replacement. Other than that, the only other information on compensation is that it simply states I receive salary for the months of October and November, effective December the salary becomes a draw. Effective with the first issue I will receive commissions based on an agreed to schedule from which the draw will be deducted before commissions are paid.
 


Beth3

Senior Member
Are you required to repay it by some statutue? No. This is a civil/contract issue. I imagine you signed an agreement or contract to repay the draw, which you have to do unless the employer breeched the agreement in some manner. You'll have to show the contract or hiring agreement to an attorney.
 

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