Thursday, March 6th, 2008...11:30 am
(More) Things I’ve Just Learned
No duty to repay advance on sales commissions: According to a recent Connecticut Supreme Court decision,
the majority of the jurisdictions applies the general rule that if no express or implied contract for repayment is established, the employee is not liable to the employer for repayment of advances that exceed earned commissions. . . . In applying this general rule, the majority of these courts has concluded that the use of terms such as “advance” or “draw,” standing alone, is not sufficiently indicative of the parties’ intent to obligate the employee to repay the advances.
H/T: Connecticut Employment Law
One-year ceiling on front pay in ASCHR proceedings: The Alaska Human Rights Commission may not award more than one year of front pay. AS 18.80.130(a)(1) authorizes the Commission to order
the payment of front pay for a period of not more than one year if hiring, reinstatement, or upgrading of an employee is inappropriate because a vacancy does not exist, the employer’s discriminatory practice rendered the employee incapable of returning to work, or the relationship between the employer and employee has so deteriorated as to make working conditions intolerable
There’s no comparable statutory limit on a court’s authority to award front pay.
H/T: Lee Holen
Leave a Reply
You must be logged in to post a comment.