Sales Compensation Plan – Draw Against Commission

When you bring a new sales representative into a territory, he will often ask about a “draw.”  The first time you hear the term, you may not know what it is or why it’s important.  A draw is a pay advance against expected earnings or commissions.  It can be important to both your sales representative and your company, but for different reasons.

Importance to Your Sales Rep

Selling high-priced, complex products or services can involve a lengthy sales cycle.  From first contact through the close of a sale, months may elapse.  The time needed to develop a fully productive territory can range from as few as three months to a year or more.  During this ramp-up period, your sales rep may experience severe personal cash flow shortages.  His or her base salary is usually significantly less than the total expected compensation plus commissions haven’t kicked in yet.  To help your sales rep get through this initial period, you may pay your rep a draw – an advance against future commissions.

Sales cycles can also be seasonal.  In the utility industry, energy demand is highest during the summer and winter months; it is significantly lower during the spring and fall.  As a result, companies that service the power generation equipment for utilities experience a well defined seasonal sales cycle.  Sales reps earn much greater commissions in the spring and fall months; summer and winter month commissions can be near zero.  Draws can help smooth out your rep’s seasonal cash flow in these situations.

The draw provides several benefits to your sales rep:

  • Provides a “living wage” during the period when a territory is being developed and commissions have not yet been earned.
  • Reassures your sales rep that the company has faith in his or her ability to be successful in the territory.
  • Smooths cash flow across seasonal earnings.

Importance to Your Company

As a company, you have two key interests when placing a new sales representative in a territory.  First, you want your sales rep to succeed, developing relationships and driving sales.  Second, you do not want to lose the substantial investment your company makes in hiring and training a new sales representative.

By paying a draw, you can help promote these interests.  The draw reduces your sales rep’s cash flow concerns.  Instead of worrying about meeting monthly cash flow obligations like rent or mortgage payments, your sales rep can focus on learning the territory, developing customer relationships and moving customers along the sales cycle.  Without immediate cash flow concerns, your sales rep is also less likely to look for a new job which is less risky from an income perspective.  The draw reduces your sales rep’s perceived income risk and keeps him or her focused on the job – selling your products and services.

Recoverable vs. Non-recoverable Draws

Draws can be either recoverable or non-recoverable.  Recoverable draws are loans against future commissions or bonuses.  Each month during the draw period, you pay your sales rep the draw amount. If your sales rep earns commissions that are less than the draw amount, you pay your rep the commissions.  However you only pay enough draw so that the commissions plus the draw total the amount of the full draw.   The outstanding draw amount accumulates from month to month.  When earned commissions exceed the draw, use the excess commissions to repay the outstanding draw.  Once the accumulated draw is repaid, all commissions are paid to the sales representative.

In the event that a sales representative leaves your company owing an outstanding draw, most companies will write off the outstanding debt.  It is very difficult, if not impossible, to collect monies paid to a departed employee.  Some companies will deduct the draw amount the sales rep owes from other amounts the company would normally pay, such as unused vacation, severance, etc.  However, before withholding benefit payments, check with a labor attorney to ensure you meet local regulatory requirements.

Non-recoverable draws are also loans against future commissions or bonuses.  However, a non-recoverable draw guarantees your sales representative a minimum level of income for each commission period.  If earned commissions are less than the draw amount, your sales rep receives the draw amount.  No accumulated draw is carried to the next commission period.

Recoverable draws are more advantageous for your company.  Non-recoverable draws are more advantageous to your sales rep.  There is a trade-off.  How much risk is the sales rep willing to accept to work for your company versus how much is your company willing to pay your sales rep?

Time Limits

Draws should have a time limit.  The length of the draw period should give the sales rep enough time to establish his or her territory plus the time needed to repay the accumulated draw.  Usually, this works out to one to two sales cycles.

Draw Amounts

The amount of the draw can vary by sales representative or by territory.  I generally look at several factors when determining the draw amount.

  • On Target Earnings (OTE) – What are the OTE for the sales rep?  An aggressive draw can bring the rep’s base salary plus draw to 85% or more of OTE.
  • Territory – What do I expect the territory to generate in revenue and commissions?  Based on this information, I may increase or decrease a planned draw amount.
  • Sales Rep Experience – How quickly do I expect the sales rep to get up to speed?  How much revenue or commissions do I think this particular sales rep will generate?  Again, using this information, I will target a draw equal to 65%-80% of my expectations.
  • Market Expectations – What draw amount and for what time period will it take to get the sales rep to agree to work for my company?  Depending on the competitiveness of the market and how badly I want a particular sales rep on my team, I’ll increase or decrease the planned draw amount.

As with all sales compensation issues, there are no right or wrong answers when determining your draw structure.  You need to consider the goals of your business, the level of risk (draw repayment) you are willing to assume, and how much competition exists for attracting the best sales team you can afford.

For more information, contact Wallace Management Group at (203) 834-0143 or email David Wallace.

© 2009, David P. Wallace

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  1. Thank you David.

    I wrote to you in the intial frustration of the offer. I intended to hammer out a deal that worked for both me and the company and negotiate. However two days ago I went into the office and learned that my pay had been cut unilaterally and that I had no option to negotiate – I was pushed onto the draw.

    You are right – this is something that I contemplated. In order to ensure the deals close and have some control over my compensation it might be an idea for me to take over the closing process – but I would need to gain a higher percentage.

    You are also right on another point, that if I am frustrated with the closing team’s performance I should be compensated for the activity that I generate. This was what I was attempting to negotiate with my boss (who is on the closing team, so it is difficult to tell him his closing ability sucks), that perhaps when the prospect produces statements that I be compensated perhaps a small amount (say 0.1% of their 0.6% offer) once the prospect allows them to make a proposal, with the remaining 0.5% forthcoming on the close. This would at least put the closing team on the same page in that they would be partially paying for the lead at full value, so they had better get in gear and get as much of the money as they can up front.

    As I see it the mismatch in this offer that makes it absolutely terrible is this. I will not generate commissions on accounts under $250K. They are offering me half commissions on greater share of wallet brought in after the initial close. Yet they have a pattern of only being able to close a small amount up front and taking months or years to gain the share of wallet. In one example a $1.2MM juicy account that should have been a walk in the park they only netted $200K – which would have meant I would receive no commission at all. As they gain the rest over the coming months I would be paid half once they exceeded $250K. The closing team is paid in recurring revenue on all existing accounts, they can afford to wait, and in this deal they are literally incentivizing their own poor front end performance on the close.

    So I am looking to make a lateral move within my firm to another group or to move to another firm altogether.

  2. Hi,
    I’m new to sales the salary is only $24,988 but,for 6 months i will be on Probation Period $200 of salary will be against the draw based on a 15% commission on sales—-i’m confused on all this- i have had different people tell me different things so,what does this mean?and is it a good or BAD thing?thanks

  3. From what you tell me, it sounds like $2400 of your annual base income is draw. That means the first $200 of commissions you earn each month goes toward repayment of your draw. With 15% commission on sales, you will need to sell $1334 of services (ad spots?) each month to cover your draw. If you sell $2500 in the month, you will earn $375 of commissions. Of this, $200 will go toward repayment of the draw and you would receive a check for $175. Only if you sell more than $200 every month will you earn more than your $24,988 base.

    A couple of questions you should clarify are:
    – Is the draw recoverable or non-recoverable?
    – What is the period against which the draw recovers?
    – What is the draw recoverable against, if other than commission?

    What these questions mean are, can the company recover the draw against anything other than commissions? Does a draw shortfall carry over from one month to another (at this level, I don’t think it should, especially if you salary is already at least $24,988 per year) or if you don’t make enough commission in a month to cover the draw, will that month’s shortfall be “forgiven”? What happens to the draw shortfall if you haven’t yet earned enough commissions to cover the draw and you move to a new position or leave the company?

    Generally, a draw is good. It helps even out your cash flow across sales cycles. You just need to be careful that you don’t wind up with a debt you can’t repay. Whatever you do, I advise against signing any promissory notes against the draw.

    Good luck and sell well!

  4. Hi,

    I am currently on a draw. At this point I am $1500 over my draw (company owes me this much). Just recently I found a new job… If I quit will I receive that commission as I rightfully earned it?


  5. A normal interpretation of “draw” would indicate that the company owes you the money you’ve earned over and above the draw. However, you should review your employment agreement to confirm this.

  6. Thank you for the reply. Its a small company so the employment agreement was more verbal.

    I appreciate you taking the time to answer.


  7. I just left a job owing $1300 in draw. The company is requires to give me at least hours worked at $9.00/hr which is my draw. I received my last hourly paycheck which is paid weekly as a draw but this week (a week after I quit) I received a $40 paycheck that shows that I had $385 in commission where $345 was taken in draw. When leaving a company with commissions owed to me but draw owed to the company, am I entitled to any commissions earned even if I owe more in draw. My commission checks are paid 3 weeks after the sale. I asked why I even received $40 and they could not even explain that to me.

  8. I’m am on a 1099 draw for 2014 and never realized a commission and still “owe” the company for the year. I am wondering do I pay taxes on the company loan even if I am liable to pay it back in 2015?


  9. All commission arrangements are different and often individually negotiated. It sounds like your state has minimum wage laws that apply to hours worked without earning commissions. Your company should provide you with a full accounting of commissions earned, draw deducted and hours worked.

  10. You will need to check with an employment attorney or tax expert in your state to get a definitive answer to your question. Alternatively, you can check with the IRS. However, I believe the IRS counts the draw as income and you are liable for taxes on the draw. However, don’t take my word for it. Check with an legal or tax expert.

  11. I would imagine your correct David and thanks for your input. Amazed I would pay both the irs and the full amount back to the company as well. Meaning I would essentially pay double tax!

  12. Thanks so much for the in depth details that were given in this article. I am persuing a new job in the sales market and this helped to give me good general idea of Draws v. Commission. Very Helpful!

  13. Dan,

    Follow up with your accountant, but I don’t think you would pay double taxes. When you pay your company back for the draw, you also reduce your earned income by the same amount.


  14. Dave,

    This is by far the best info on draws that I have found – thanks for posting. My dilemma is that I joined a company as a sales rep and received a non recoverable draw. After 1 month, I have decided that this role is not the right role for me for multiple reasons, and considering tendering my resignation. I am being told that I will have to pay back the non recoverable draw. The draws are paid monthly and I believed it to be a guarantee (income) so I had no expectation to pay the draw back. My employment letter stated the draw was payment in advance of commissions but didn’t state details relevant to repayment if I were to leave. Do I have to pay the money back??

  15. Stacey,

    Each state and jurisdiction has its own laws and regulations governing wages and labor. Commissions and draws can come under these laws. You will need to document and pull together all your communications between you and your employer, both leading up to your offer, the actual offer and during your employment. Also, if possible, document how other reps and their draws have been treated. Then, consult with an attorney in your area who specializes in labor or compensation law. It sounds to me like there are several gray areas in your agreement.


  16. Okay, I receive “BASE+” and the commissions breakout thusly:
    20% of Net, after $20,000 (no commish on first $20,000)
    Assuming I did $500,000 profit for 2015, how is this figured process A or B ?
    A] $500,000 – $20,000 = $480,000
    payment = $480,000 x 20% = $96,000

    B] $500,000 x 20% = $100,000
    payment = $100,000 – $20,000 = $80,000

    Obviously, there is a significant difference

  17. Both methods for calculating commission are valid. Although the first method (A) is more common. However, you need to go back to your written sales compensation agreement. Does it state that you are paid 20% of profits after the first $20,000 of profits are earned? Or does it state that commissions are calculated from the first dollar of profit, but that commissions are earned and payable only after the first $20,000 of calculated commissions are achieved?

    Scenario A assumes that the company needs to recoup $4,000 of what they’ve invested in you before paying commissions. This translates to $20,000 of revenue. Scenario B assumes that the company needs to recoup $20,000 of what they’ve invested in you, translating to $100,000 of revenue.

    I can see it both ways. The key is what’s in writing!

  18. David,
    My commission structure is such that my draw is considered a “loan” against my commission. So I am paid approximately $3k a month draw. I’m in new home sales and am currently $3k ahead of my draw in commissions and would like to resign. My problem is that I work for a builder who is working way behind schedule and the homes that I’ve sold are severely behind schedule. There was no “guaranteed” timeframe however we were told the first set would be the end of January and now it’s been pushed to May and the second release was set for mid June and now we are looking at mid July which if they stay on this schedule will eventually turn into September. My contract says I get paid at closing. And we are only talking about approximately $16k. There have been lots of missing pieces along the way that have made this job a nightmare including lack to advertising, I was promised an assistant who due to their budget cuts was cut, and I still do not have all the options pricing for the homes. Since I started this position seven months ago I have spent my time re-inventing the wheel. The project was not prepared to open and the company just threw it together. It’s a private company so I’m not sure if there are different requirements. There so much conflict and problems within the management and I just want to get out.
    What’s the likelihood that they will come after me for the $16k?

  19. Mary,

    I can’t tell you whether your employer will come after you for the $16K of draw. I recommend that you speak with an employment attorney in your area to get the best advice.

    Your situation highlights the value of having a well-defined, documented compensation plan. Unfortunately, most plans are written by the employer and accepted without change by the sales person. Sales people are in a disadvantageous position because they believe they cannot negotiate the terms of their compensation plan. You can, but you need to be willing to walk away if the terms are onerous.

    Given that you are ahead of your draw on paper, you may have a good defense against having to repay the $16K. However, a good attorney can advise you of your best course of action.

  20. Hello,

    I was just given a job offer for a sales position that will compensate me 36,000 annual draw against a commission of 50% of production. I am new to the sales industry and always earned a flat salary, so I wanted to get negotiation advice. Would it be smarter to negotiate the draw figure, the commission percentage, or both? My main concern is making sure I can still pay the bills every month; and with 3,000 a month before taxes and benefits, I know I would be cutting it way too close during the development period(s) when commission has not been earned yet.

    Any advice would help!


  21. Good questions! You first need to have enough cash flowing in to cover your basic expenses such as rent, food, car, etc. If you have savings you can draw upon, then the draw can be less. If not, then you need to have at least enough to keep your head above water. Second, determine how long the draw will/should last. You will need sufficient draw to cover at least one sales cycle. Better yet, longer than that. You need the draw to last long enough for the commissions to kick in. Your employer will want a shorter period; you will want a longer period. You need to find out from other reps how long you should expect it to take to get up to speed. Third, if at all possible, negotiate for a non-recoverable draw (recoverable only against commissions) that resets every month (draw balance does not carry forward every month, digging a deeper hole). In today’s economy, with a larger talent pool to recruit from, employers may be reluctant to make the draw non-recoverable. Once you are confident that you can survive for until commissions can cover your basic (essential, not discretionary, expenses) monthly nut, negotiate for the highest commission rate you can.

  22. I took a sales job with a draw of 40 K a year +10% commission . I have brought in over $165,000 covering more than the amount of money that they gave in a draw. He stating that I must bring in 400 K before I start getting commission . My understanding was after I covered the 40 K I will get 10 %. So basically I am working for free

  23. Katie,

    You are not working for free. You are working on 100% commission. The $40,000 draw is an advance on commissions that you have not yet earned.

    If you are earning a 10% commission on revenue, then you need to deliver $400,000 of revenue just to cover the draw. Beyond the $400,000 revenue, you will be paid commissions beyond the $40,000 the company has already advanced to you.

    Keep in mind that although you have generated over $165,000 of revenue, the company is not yet making money on your sales. From the revenue, you must subtract the cost of goods sold. That leaves the gross profit. From the gross profit, subtract your draw ($40,000) and company overhead (rent, electricity, support staff, desks, supplies, etc.). Also, make sure you account for taxes – sales taxes, payroll taxes, business income taxes – advertising, sales expenses such as phones, automobile, entertainment, travel, etc. The cost to do business goes well beyond the draw your company pays you.

    Until you generate $400,000 of revenue, you are not even covering your own costs. Don’t expect additional commissions until you’ve covered your costs.

  24. “• 24% from dollar 1 on the profit margin generated by your invoiced sales as calculated and defined by (software company) monthly Sales Analysis report, less a monthly non-recoverable draw of $3033.33.”

    This is the line directly from my sales agreement. I did not cover the draw January and February of this month, but I did triple it in March. The company deducted about $500 shortfall from January and February. It does not state anywhere in the agreement anything regarding repayment. Because the line said “monthly”, I believed it to be on a monthly period and therefore not recoverable. What do you think?

  25. Given that the sales agreement states that your draw is a monthly non-recoverable draw, each month the slate is wiped clean. Under the common definition of a non-recoverable draw, the company does not reach back to prior periods to recover draw amounts in excess of commissions for those periods. I do not think you should have to pay the shortfall for January and February.

  26. David,
    My contract says:
    – Draw :
    o Recoverable draw of $18K to be paid for the first 6 months @ $3K per month. This will be adjusted against earned commissions.

    I have now resigned from my sales position and the company (residing in Georgia) is calculating the draw against my outstanding base payment. DoI have a chance to go against it?


  27. I have been working for a company for almost 4 years earning both a salary and commissions. They recently changed the payout structure so that there was a 2 month lapse before they paid commissions (it was previously a payout the following month for previous months sales). They gave us a $2000 recoverable draw in February to “tie us over” and told us that they would take the money back at the end of May. My problem is that my commissions did not cover the 2K draw and so they took the rest out of my regular salary. This has caused a hardship for me and I’m wondering if it is legal to take draw from base salary.

  28. I went on vacation in May for one week (5 business days). My company offers paid vacations annually and I qualify for these 5 vacation days. I am on a base + draw payment structure. Am I held liable for my draw for those 5 paid vacation days? Previous employers I have worked for paid for vacation days by averaging my annual income and paying for vacation days based on that.

  29. Question – I receive a recoverable draw, when I receive it they are taxing it but when they recover it they are taking it pre-tax. Based on this I am literally being charged (almost 50% based on the withholdings) for the draw and the number is substantial, is this legal?

  30. Hello,

    Once you are paid your commissions, they are usually reduced by 50%. Is there anyway to recoup that money on my taxes?

  31. I recommend you consult with an labor attorney in your area to get a legal opinion. From a lay perspective, since the draw is recoverable, it is normal for the company to recover it against any monies owed you, including base compensation.

  32. For a legal opinion on this, please consult with an attorney in your area. However, from a lay perspective, I believe the company does have the right to recover the draw from your base salary. I recommend that you speak with your manager about your hardship and extending the repayment time on the draw.

  33. Since a draw is a loan against future commissions, you can expect to repay the draw even if you are on vacation. Paid vacations normally pay your base salary for the vacation period, not your draw or commissions.

  34. Yes, this is legal. You will recover the over payment of taxes when your file your income tax return next April. Speak with your accountant to determine how much withholding you should be taking out to minimize the amount of taxes held by Uncle Sam (this will also reduce your refund in April).

  35. Yes, when you file your tax return in April, you will recoup the excess taxes that have been withheld. You can also speak with your accountant to determine withholding strategies to ensure you have the appropriate amount withheld during the year without incurring tax penalties.

  36. My company recently changed their commission structure (again). This time I am convinced it’s to make reps drop like flies. We have a base salary which hasn’t changed and a commission for each acct we close paid out in 4 payments over the next 120 days. The clencher is a monthly bonus that we receive on top of our other commissions – so by the end of the year if what we sell falls below the %- we will have to pay back the monthly $ ( I’ve gotten over 10k that I Must pay back) – the contract says if a rep leaves the case will go to a 3rd party collection agency. Question: do they enforce this and what if you can’t pay it? And does this go against your credit?

  37. We are starting a new sales force to market eyeglass frames to opticians by independent agents (non salary staff ) .. Is it legally possible to apply draw system to Independent Agent receivable commissions ?

  38. You can certainly set up a draw system for independent agents. A draw is a loan the company makes to its sales members with the expectation that the commissions earned through sales will repay the loan (with or without interest). I recommend you work with your accountant and attorney to get the appropriate language, terms and conditions for the draw or loan. Before you do this, however, make sure you identify how you think you want to structure the draw – amount, frequency, repayment terms, timing, credit worthiness, interest rate, etc. Also if you have banking relationship with a line of credit, you will want to make sure the outstanding draws don’t negatively affect your loan covenants. Check with your banker.

  39. Whether or not a company enforces the repayment of draw using a collection agency is up to the company. They are certainly within their rights to demand repayment of the draw. A draw is a loan the company extends that you repay with future earned commissions. If you don’t earn enough commissions, you must still repay the loan (draw). If you can’t repay the draw, speak with your manager (or the collection agency). They might be able to set up a repayment schedule that fits within your budget.

    As to your question whether non-repayment goes against your credit, that depends on the company and the collection agency. If they report to the credit agencies that you fail to repay your draw (loan), I suspect it will affect your credit. However, you may also have the right to question or contest negative issues on your credit report. Check with the credit reporting agencies or your local consumer protection agency.

  40. As an insurance agent I am an independent contractor and a captive agent. I am paid strictly in advance with monthly interest accruing.. There are chargebacks for canceled policies and no other forms of payment. From the first sale you are in debt with interest added and vesting. Not all of this is laid out when you start. Is this a legal and normal payment structure? Are there restrictions on interest that can be charged? Does this need to be clearly agreed to with signatures?

  41. I work for a timeshare company that pays me a draw. I get paid $80 dollars a day. Work 5 days a week. So I make $400 a week and $800 every two weeks. After taxes I make about $665. However the company still takes $800 when my commission comes in. So I feel like Im being dbl taxed. Also I still am required to pay the draw back even if I am not given an oppurtunity to see a family or get a sale.. Also they have us do traing for a couple hours a week qnd dont pay us any additional money just the same draw. They pay us like independent contractors, but treat us like hourly employees.

  42. Feeling_Duped – Insurance agents are normally set up as independent contractors. That includes captive agents. The general agency (responsible for a defined region or territory) charges all direct expenses back to the agents, including accrued interest. I don’t know your specific agreement, but when you came on board with your insurance company, you likely signed all sorts of forms that specified how all this worked and agreed to it. It’s always important to read and understand what you are signing up for. As to the legality and restrictions on interest charged, speak with an attorney who specializes in labor law.

  43. Mark, If you feel that you are inappropriately paid as an independent contractor (i.e., you receive a 1099 rather than a W-2), then I suggest you review the particulars of your situation with a labor attorney or your state’s labor department. They will understand the particulars of your state’s laws and whether or not you are treated improperly in your classification.

    With respect to putting in long hours yet still having to repay the draw, that’s not uncommon. A draw is a loan the company makes to its sales reps. The loan (draw) is repaid with commissions you earn when you sell products. If you don’t earn enough commissions to repay the loan, you still owe the money. Training is an additional benefit the company provides you to make you a better sales rep. It is a cost the company incurs to your benefit.

    It sounds like you don’t enjoy sales. If not, look around for other opportunities inside the company or outside that you will enjoy more. Keep in mind, though, that you may not earn as much in those jobs as you can if you are successful selling.


  44. Thanks for this article. I udnerstand whats Recoverable and Non Recoverable. But I am finding it hard to relate the draw length with whats good or bad.

    I am getting a:
    90 Day Non-Recoverable Draw of $25k -non refundable [1st year base: Base + $25k]

    Is that good?


  45. Hi Dave,

    I was curious if you could analyze our current payment structure and possibly advise on how we could tweak it. Me and my coworker are in the commercial real estate industry, 1099’ed, and paid a “consulting fee” of $30,000 per year | $1250 every two weeks. All commissions earned up to $60,000 are obligated to go back to paying the draw. Once we break $60,000 in gross commissions we begin to earn 20% commissions. Every $1,000,000 in sales is an advance in the tier system. Our sales cycle is 7-10 months. As we approach November we have only just broken into the first 20% tier. Once we are in the first tier we are still paying for all of the operating expenses for the company. Beginning in January we will be proposing either a new plan or different terms.

    Either we’re not effective salesmen or this payment package is constricting. What are your thoughts?

  46. Hello David,

    This may be a little bit of a cluster so I apologize now for the long winded info.

    In the end I want to know do I have an obligation to pay back a Draw on commissions to an employer.

    The details:
    I had a business partnership with someone I will call Jelly and was hired on by Jelly in March this year to be involved at two other businesses of his. One position was to operate and manage one business and the other position was in a sales role in a totally different field. He set this up in an effort to get me to the income I needed to be willing to come work with him full time. I truly appreciate that he was willing to do that.

    I received the pay per our agreement from the one job as manager and on the other was told I would be given a draw on commissions based on $30,000 income annually for a year but that I would need to pay it back with what I sold. It was clear then that I would have a focus on the Management position and that he hoped I could spend 5-10 hrs a week on the sales position. These things were discussed but to my recollection there was never an employment contract which laid out my commissions per sale or how the draw was to be paid back.

    I was told that it was a draw and that It would have to be paid back from the sales generated which I agree totally seems fair. I was also told that I should be able to do it easily with the commissions and that I would have the flexibility as a manager in the other business to go secure sales in the other business doing sales.

    Maybe a month or so later, I had been stuck in the management position for over 12 hrs a day, so I had gotten my wife involved in helping to sell as well. He told her he would set her up with what she needed to sell but she had not made it to the office to meet with the other guy who he said was never there to train us. My wife immediately called the employee there and got the rest of the things needed to try and go out and sell. I also attended that meeting. I said at that point that I would do everything I could and also that my wife would jump in and try to get the sales coming in to help with the draw not getting to big. I also indicated that while the management position was taking a lot of time now that in the fall i should have more time to be able to go sell. He agreed that would be the case and kept the draw in place.

    A few months later months even though I had spent about 25-30 hrs to that point so far this year (All I was really able to do) and she probably spent around (40-50 hrs), neither she or I were able to secure sales to be paid as commissions to offset the draw. We were close on a few transactions that could have led to quite a few sales but they hadn’t all come together yet.
    While I was on Vacation, he texted to informed me that he and his partners wanted to remove the draw to keep it from getting to big. I said I understand and that seems fair as I didn’t want it to get to big either. I told him I would just keep working when I could to get sales coming in.

    A few weeks later he said he wanted a plan on how we were going to pay him back the draw that year. I was suprised by this and didn’t really expect to have to pay him back out of pocket that year but based on commissions and I again told him I would do what I could to increase sales later in the year when the management position would allow me to leave. I even set up a meeting with a potentially huge client that he attended and we landed the first deal that could potentially lead to many many more sales once his team executed their roles. That went into effect Nov 1.

    A month later he released (fired) me from the managment position saying we don’t have the money to pay you and he then forced my hand in the sale of the business that we were partners in threatening to involve attorneys and saying I had no real ownership other than the money I originally put in to become his partner even though he brought me on for the knowledge and experience I had in this field. I didn’t want to involve attorneys and decided to just let him sell the business after he bought me back out. I put in probably around 1000 hrs into that business with him and received zero return. My family also put in around 1000 man hours. Many people didn’t even know I had a partner in the business as I and my family were the face of the business and the one bringing people back to the business.

    This week I signed the letter drafted by his attorney to disolve our partnership in the one business just so I could get away from him and move on but he then said now I want a plan on how you are going to pay back the draw payments you received. They all need to be paid this year he said.

    I don’t believe there is an actual employment contract on the sales job. I don’t have it and I would have kept it.

    Anyways, Do I have an obligation to pay him back the Draw? He asked me this week if my wife and I planned to continue to sell for him and the reality is there is no way we can work with him in such a hostile environment where he has screamed at me, threatened to involve attorneys unless I do what he says etc… I just want to get away from him and I don’t have any money since he took away all income streams from me in the matter of 2 1/2 months.

  47. Bryson,

    I understand your reluctance to get an attorney involve on your behalf, but if there was ever a good time to get an attorney, you are facing it.

    Since there are no written agreements in place, much of what you have will be difficult to pin down. Probably the written parts of your agreement will be pieced together from cancelled checks, check stubs, emails and other correspondence.

    With respect to the draw and how it works, from what you have said, the draw should only be recoverable from commissions on sales. It sounds unreasonable for your former partner to demand immediate repayment. The second point that is unclear is whether the draw is non-recoverable. In the case of a non-recoverable draw, after a certain cycle (i.e. month or quarter), the draw is paid but amounts that are not offset by commissions are “forgiven,” i.e. they do not have to be repaid to the company. The last area that a good labor attorney should be able to advise you on is minimum wages. Given that your wife was working for your former partner (in a completely separate business), she may be entitled to a minimum wage. Did she receive any?

    The entire transaction leaves me with a bad taste in my mouth. I understand that your former partner wants to recoup his “investment” of your draw, but that does not give him the right to not pay people he has working for him.

    All the terms of the draw should be in writing. But that’s a lesson you’ve learned for the next go round.

  48. It’s difficult for me to say whether or not you are effective salesmen without knowing your product, territory or competition. The payment package you described sounds reasonable, but only it the market you are in can support it.

    By my calculations, you need to bring in $210,000 per year to earn $30,000. At $500,000 of sales, your commissions would be $88,000. At $1 million of sales, commissions are $188,000. The questions are: How much do you want to make? Will your market support sales at the level you need to meet your earnings target?

  49. Non-recoverable draws are good. In your case, your company is giving you an extra $25,000 in the first year to offset commissions you expect to earn after your start-up period. Only you can decide if $25,000 is sufficient to offset lost income during start-up.

    With respect to the draw period, ideally the period in which a draw is in place matches the time frame that a sales rep needs to get up to full production.

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