Change from hourly to commission only

[taffyhook]

What is the name of your state (only U.S. law)? NY -am I able to reopen my unemployment claim if the company changed me from hourly to commission only and I refused?

 

[pattytx]

Most likely, you're not going to qualify for benefits again, since you quit.

Inside sales or outside sales?

 

[taffyhook]

collection job for 3 months

 

[pattytx]

Well, legally, "commission only" for other than outside salespersons is misleading at best. You still would have had to have been paid at least minimum wage for all hours worked and overtime when required by law.

I would never tell anyone not to file, but I wouldn't be optimistic.

Why exactly did you refuse (will be read by commission=quit)?

 

[taffyhook]

I was asked to go on a commission only pay structure for which I did not agree and therefore decided to leave and according to the Q&A’s from the department of labor’s website that qualifies as involuntary at least for Cobra benefits. I did not believe commission only would pay the bills and allow them to give me the worst accounts to work.

 

[pattytx]

What is "involuntary" for the COBRA subsidy was what is a disqualifying reason for UI benefits are two completely separate definitions.

Commentator?

 

[taffyhook]

According to the NYS Labor website it looks like a collection job requires at least minimum wage, which was not offered.

 

[pattytx]

I already said that. But they didn't say they wouldn't make sure you got MW either, if your incentives for the workweek averaged to less than MW. If you had accepted, and they violated the MW law, you would have had a valid wage claim.