I live in PA, and work for a company in NJ. I am a salesperson who works out of my home office. My original offer of employment stated that I was eligible for draw on commission for the first 6 months of employment, to be paid back "on future earnings." The company paid me the draw, and my intention was to continue working to pay back this draw, however a re-org prompted me to leave the company on my own volition. I started working for this company in May 2007, and recently provided them with an email resignation letter with a standard two-week notice.

On the afternoon of my resignation, I received a call from the HR manager stating that it was company policy to release salespeople on the day of their resignation, and that they would pay out the two-week time offered in my resignation letter. I immediately sent her a follow-up email (from my personal email address) asking her to confirm everything we discussed, and she replied back with a confirmation on everything I outlined.

The following day, I personally returned all equipment provide me for my sales activities, and was asked to join her in her office to discuss my situation. She said that her email reply the day before was sent prematurely, and that she was advised that there was a substantial amount of monies (from draw) that had not been paid back. She said the company had decided not to honor their offer to pay me for the two weeks, even though she confirmed that in writing. I told her the draw on commission issue was an unfulfilled agreement between me and the company, and had circumstances been different (ie. no re-org), then I would have continued working with the company and generating "future earnings" to pay back the draw $.

Two questions:
1. Does the HR manager's email bind the company to pay me for the two weeks as originally offered?

2. Can the company legally come after me to pay back the draw $ considering their are no future earnings available?

Thank you.
JRP