Add Comment Question: We have an Esthetician who we advanced money to in order to take a course. She is on a 50% commission and is leaving us but refuses to repay the money. Are we able to legally withhold the amount owing from her final commission check or do we have to go to small claims court. Answer: You cannot withhold earned pay unless you have written consent to do so. You will have to pursue her in Small Claims Court, although a strongly worded letter from a lawyer may also do the trick without incurring too much by way of legal fees. Please feel free to reach out to an employment lawyer at the number below if you'd like to discuss strategy. Your Comment * Your Email * Your Name * Your City Note, your name, city and email is not displayed on the website. It is used to notify you that we have approved your comment.