The answer to your question will be determined by the terms of your particular employment relationship. The first step would be to check the terms of any employment contract. In the absence of an employment contract, your draw, to the extent it exceeds your normal salary would be an advance which would have to be repaid.
This answer is for general informational purposes only and is not intended to constitute legal advice or a recommended course of action in any given situation. This answer is not intended to be, and should not be, relied upon by the recipient in making decisions of a legal nature with respect to the issues discussed herein. The recipient is encouraged to consult independent counsel before making any decisions or taking any action concerning the matters in this answer. This answer does not create an attorney-client relationship between the author (John R. LaBar)/Henry, McCord, Bean, Miller, Gabriel & LaBar, P.L.L.C. and the recipient.
Answered on Apr 23rd, 2012 at 12:16 PM