Is a draw on commissions recoverable by an employer if there is no wording in their contract that states that it is? Posted on March 02, 2011

My husband is a recruiter who recently got a new job at another agency. His former employer is insisting that he pay them for the remaining draw balance ($4k). We feel that he should not pay the draw back for several reasons. First, when he left he had several contractors that he had placed working for his former employer. It's usually an industry standard that commissions that a recruiter would have earned if they had stayed would go towards the remaining balance on a draw. Second, while employed there my husband learned that he was the only recruiter on a draw whereas the other recruiter were salaried. Third, no where in his contract did it state that a balance on a draw was recoverable by the employer when an employee leaves. And lastly, on occassion the employer would not allow my husband to submit qualified candidates to roles he was working on based on the candidate's age or race. Had he have been able to submit candidates he felt were qualified and had placed them the commissions he would have earned would have more than covered his draw. He also worked in a very hostile environment where the employer was constantly yelling and berating the staff. My husband felt he couldn't work in such an environment and he also felt he wasn't able to do his job to his fullest potential due to his employer always interfering in his work. At this point we are thinking about just taking our chances in court if his former employer decides to sue us - which he keeps threatening to do. Any advice would be appreciated.

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