How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46153
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I have an email job offer from my company that states they

Resolved Question:

I have an email job offer from my company that states they will pay me a guaranteed commission payment for 3 months and it is a non nonrefundable draw, however in the pdf contract it says that if I resign within 12 months of my contract I need to repay this commission. I am looking to leave under the 12 months but I'm unsure that the initial email offer will stand and I will need to pay back my commission.
Can you advise me please
Regards
Louise
Submitted: 10 months ago.
Category: Employment Law
Expert:  Ben Jones replied 10 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 10 months ago.
Are you already working for them?
Customer: replied 10 months ago.
Yes I have been here 7 months
Expert:  Ben Jones replied 10 months ago.
ok just to clarify, you said that this was a "non nonrefundable draw", what was the exact wording please?
Customer: replied 10 months ago.
in the email 'verbal offer' it reads:100% Non-Recoverable Draw for the first 90 days.
Expert:  Ben Jones replied 10 months ago.
Do you know what standard practice with this employer is, has this benefit been given in the past and what their policy normally is?
Customer: replied 10 months ago.
This benefit is standard to all in our sales team but I have no idea if it has been applied when people have left. Can this email/verbal offer supersede the pdf contract that reads that it must be repaid?
Expert:  Ben Jones replied 10 months ago.
When was the pdf issued, was it before you started or afterwards?
Customer: replied 10 months ago.
It was before I started.
Expert:  Ben Jones replied 10 months ago.
ok thanks leave it with me please I will get my response ready and will reply later on today on here
Customer: replied 10 months ago.
When can I expect your response please?
Expert:  Ben Jones replied 10 months ago.
Thanks for your patience. When there are conflicting terms in separate documents, such as in your case, which term applies will be down to interpretation and in effect only a court can decide that. It will come down to a number of factors so at this stage it is simply not possible to guarantee which will take precedence. I can however discuss what a court would look at when considering this.First of all they would consider the intentions of the parties and what looks likely to have been intended. It could be argued that a contract would take precedence as it is the more official out of the two documents, but it is not as simple as that. For example, if you took on the job based on the non-refundable commission and then you were issued with a contract stating something different, the employer should have brought these changes to your attention as they would be important differences. It will also matter as to whether you were required to read the contract and signify your acceptance to its terms. Other relevant factors would be what the usual policy with this employer is and how it is generally applied. So you do have grounds to challenge this if the employer tries to claw this commission back, but as mentioned only a court can decide if they would be allowed to do so and if the contractual clause takes precedence over the offer letter one.
Expert:  Ben Jones replied 10 months ago.
This is your basic legal position. I have more detailed advice for you in terms of the options the employer has to recover this and your rights in turn, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46153
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 10 months ago.
Thank you. There are two options here – one is to try and deduct this from your pay, the other is to make a claim in the small claims court to recover the money they think is due. To deduct tis from your pay there must be a specific and clear clause in your contract allowing them to do so, otherwise it would amount to an unlawful deduction of wages, something you can claim for in the employment tribunal. If they do not deduct this from your pay and ask you to pay it voluntarily and you refuse to do so, then they can try and take you to the small claims court. This is where the court will look at the factors I discussed earlier and where you can defend this by arguing your case. If you lose then you will not have to pay the employer’s legal fees as each side pays its own legal fees in the tribunal.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10609
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10609
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    671
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions