Utah  |  Employment Law

I am a commissioned sales person. 6 months ago I signed a contract with my employer where I would be paid a base salary + commission for 6 months. This was divided up as follows:

$3,000 per month base salary + 40% commissions on all sales made during that month.

My understanding was that my employer would pay me $3,000 + any commissions earned each month. Instead, my employer paid me $6,000 per month, every month for 6 months.

To make a long story short, I have been overpaid in commissions, to the amount of $11,000. My employer is now demanding that I immediately pay back the $11,000 (or he will begin legal proceedings). Most of the money I have been paid has already been spent. So, I am not able to pay it back at the moment.

Again, my employer decided to pay me $6K per month, without my input or understanding as to why he was doing so. He made the choice on his own to overpay me for 6 months.

I do wish to pay back what I owe (over time), but my question is: Since I never asked to be paid the $6,000 each month, do I have to pay this back immediately? My 2nd question is: what is the worst thing that my employer could do to me legally in this case? My last question is: What kind of legal defense do I have in this situation?