How to recover a "Recoverable Draw"

[rmdoyle24]

A recent former employee owes my company just under $12k for a recoverable draw. The recoverable draw was described in his offer letter which he signed. It basically advanced him cash that was to be offset by future earned commissions. However, he didn't have enough commissions to offset his draw, leaving a balance of close to $12k.

I have serious doubts about his intent and cooperation to repay this money. How can I recover what he owes?

 

[Patricia_Young]

All you can do is sue. California is very strict in its laws preventing "self-help" to recover such monies.

Just for curiosity's sake, was he an outside salesperson?

 

[rmdoyle24]

Yes, he was an outside sales person. The amount of monies exceeds limit for small claims court so I guess that means we'd have to enlist an attorney for a full sized suit.

 

[Patricia_Young]

Yes, probably all you can do.