reinstatement of unemployment & commission (100% sales)

[deckfluf]

What is the name of your state (only U.S. law)? CA
Lost commissioned sales job, took another so as to not turn down work and lose the UE and with the upside of commissions. Small base, about the same as bennies. Guarantee about to run out. 3-6 months to see results from sales efforts. 100% commissioned sales. Have any of you familiar with CA UI seen benefits reinstated in such a case? If I turned down the work, likely would have lost benefits. I've researched and have seen that UI would rather you take some work, but not in the case of 100% commission. In a case on EDD board as a justified (?) voluntary quit. Pipeline has grown, but may not see anything for a few months. I'd love to work these until closure, however, not sure if the boss will be a amenable to 1099. My hours and efforts are such that I can look for other work. Do I bail out, wait to get canned, work the accounts & see what happens down the road?

Curious to others' experience in a situaltion like this.

[deckfluf]

bump- I've been trying to get through to
EDD for two days now with no luck. Anyone have any ideas?

[cbg]

No idea, not familiar with California's stance on such things.

[pattytx]

email maybe? I just heard on the news this morning that CA will now be issuing IOU's to pay their bills, so who knows what's going to happen with the employees who man (and woman) the phones and email at the DLSE.

The reason I asked about inside or outside sales is that only outside salespersons do not need to be paid either a salary or minimum wage.
[url]http://www.dir.ca.gov/IWC/IWCArticle4.pdf[/url]

This is just a logical guess, understand, but in fact you meet the criteria for an outside salesperson, I'm not at all sure you would qualify for UI if you are still employed, but just not closing sales (for whatever reason). Outside salespersons can make mucho bucks when business is good and customers are knocking on your door to buy your product; the downside is that, when they aren't, it sucks.

[commentator]

Able and available for work is going to be a decisive factor here. If you've got a job which takes up all your time, and outside sales usually does this, even though you're not making money at it right now, you're not going to be eligible for unemployment.

If you tell them you are looking for other work, you are available for all the job search requirements they make on you, and you agree to go on job referrals while doing this job, then you're still eligible according to availibility.

By the way, two days isn't a really long time to try to contact the office. Keep trying, try many times a day, start at 7:00am, as many offices are opening early. Email sometimes works better, providing they've got someone working email. But keep trying. People don't realize how hugely the workload of the state unemployment services have increased this last year. It more than quadrupled in almost every state. But they are still providing services, even on I.O.U. pay.

[deckfluf]

I'm considering a gamble of a voluntary quit & would like to get your opinion. My rate has been reduced to essentially $1.88/hr. (this is a car & phone allowance that he didn't want to classify as such, included it as salary, no expenses are reimbursed whatsoever - he ways to use them on taxes).

I asked him about going 1099 today and his response was no. I asked if I he was going to let me go and his response was that he does not terminate anyone. My sales have been a grand total of $2,200 for the past three months and it doesn't look as if anything is going to close and I'm currently applying for non sales related jobs, so ready able available and looking.

I'm considering a Voluntary quit under VQ 500 6 from the EDD benefit determination guide. Basically, a quit will be acceptable if the amount made in commissions would be substantially less than going rate and there's no evidence of lack of effort ( I make my calls, visits, repond to emails, do quotes).

I know the crystal ball is out for repairs but has anyone seen this argument work?

[CEMc]

In PA You have to be paid at least minimum wage for a 100% sales commission job-- you may want to check to see if he is breaking wage and hour laws.

[pattytx]

Originally Posted by CEMc

In PA You have to be paid at least minimum wage for a 100% sales commission job-- you may want to check to see if he is breaking wage and hour laws.

First of all, this poster is not in PA. Secondly, this is an untrue statement. Outside salespersons do NOT have to be paid minimum wage. The MW only applies to inside salespersons.