What can I do if my employer is refusing to pay my guarantee?
Question Details: I work for a company and my pay structure is a commission based job with a non-recoverable draw. My pay period went from the 16th-30th of August and my non-recoverable draw for that time period is $1250. We are paid on the 10th and the 25th. Now on the 6th of September I left the company which was already in a new pay period. On the 10th I did not receive my guarantee for the 16th-30th that I worked. I'm a full-time W2 employee.
You can sue your employer for breach of contract / account stated.
Your damages (monetary compensation you are seeking in your lawsuit) would be the amount you are owed. You can file your lawsuit in small claims court.
Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee.
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