If I am on a “draw versus commission” pay agreement, can my employer reduce my agreed on “draw” if I take a couple of days off?

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If I am on a “draw versus commission” pay agreement, can my employer reduce my agreed on “draw” if I take a couple of days off?

Asked on August 5, 2011 California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The answer depends on the terms and conditions under which you work. It would be legal for a company to do this IF it is part of the conditions of your employment. However, you must have been provided notice that this was part of the terms under which you work. Without prior notice, they should not be able to do it this time, though nothing stops them from implementing this policy in the future. Note that even if they acted improperly in doing it without prior notice, you have to ask yourself if it would be worthwhile suing your employer to recover the extra draw--it is highly likely that it is not.


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