As an Employee can my Employer sue me for draws that were paid to me against future commissions if I leave with a negative deficit?

It depends on how your contract is worded.

It reads as follows but no mention is made of time of willful termination or of Non-recoverable vs. recoverable.


"Sales representatives will be paid an anuual salary in bi-weekly installments as specified in addendum A. (Addendum A. is just the amounts) The salary will be treated as a draw or advance payment againsy future commission earned. Commissions earned will be paid to the sales represenatives only to the extent that they exceed the amount of salary paid to date of the current commission statement.

Deficits will not be allowed to exceed two times the monthly salary. In case of this occurence, salary will be temporarily suspeneded or reducded until such time as commissions are shown to exceed salary: payroll deductions for health care will be added to the accumulated deficit. "

There isn't anything in here about if you leave the company. Have they said they were going to sue you for it?

They have implied they would. There is nothing in my agreement anywhere that states at time of termination they can recover. Nor any thing about recoverable or non-recoverable draw. For what type of wording should I be looking?

Honestly, I am not sure. You may want to contact your local labor board and discuss this with them. They should be able to answer your questions.