Overpayment to Sales Rep On Commission

**thammond4984** · 09-28-2007, 07:23 AM

We live in Georgia

We hired an employee to be our sales rep. We had a contract with this employee. In this contract we were to give him a weekly salary as a draw against his sales. He was to receive 2% commission against the sales he made. He quit at a time where he was grossly overcompensated for the sales he brought in.

Question? What are the statutes of limitations in which we can file a suit against him for the monies owed. He resigned from our company on August 2006.

Thank you in advance for your consideration in this matter.

thammond4984

**Mr. Knowitall** · 09-30-2007, 07:03 PM

Georgia law provides,

Quoting Georgia Code § 9-3-22. Enforcement of rights under statutes, acts of incorporation; recovery of wages, overtime, and damages

All actions for the enforcement of rights accruing to individuals under statutes or acts of incorporation or by operation of law shall be brought within 20 years after the right of action has accrued; provided, however, that all actions for the recovery of wages, overtime, or damages and penalties accruing under laws respecting the payment of wages and overtime shall be brought within two years after the right of action has accrued.

**thammond4984** · 10-03-2007, 06:06 AM

Thank you so much for your help. We were really unsure of what code fit our situation. We thought this one was for recovery of wages for employees and not the employer. Thanks again.