Do I have to take a commission only demotion?

[needadvice8905]

What is the name of your state?State of Wisconsin

I work for a small company and was hired as a project manager several years ago. My new boss called me into her office today and told me she was offering me a commission-only outside sales position. I am currently salary. When I said I wasn't interested in that, she told me that was all they have for me. I have obligations and cannot quit my job, but I can't risk going to a commission only position, either. I have my initial offer that describes my current position, which I presented to her, and she wasn't aware of. She said we would meet next week to discuss this further.

So, my questions are:

1) Can they force me to take this position?

2) If they elimininate my current position and try to force me into this commission only position and I refuse, would I be eligible for unemployment while looking for a new job?

3) If #2 is not viable, is there a way for me to force them to terminate me for not accepting the position rather than allow them to force me to resign? I'll need at least two to four weeks to find another job and would need the unemployment payment during that time.

Thanks,
Amy

 

[Beth3]

Do I have to take this position? Of course not. But since it's the only job they have available for you, it's your only option if you wish to stay employed with this company.

Since you have a week before you're meeting with your boss to discuss this further, I suggest you update your resume immediately and start a job search. Good luck.

 

[needadvice8905]

More Questions about forced commission only demotion

Wisconsin

Thanks for your answer. A couple more questions....

If they elimininate my current position and try to force me into this commission only position and I refuse, would I be eligible for unemployment while looking for a new job?

If the above is not viable, is there a way for me to force them to terminate me for not accepting the position rather than allow them to force me to resign? I'll need at least a few weeks to find another job at this level and would need the unemployment payment during that time.

 

[Beth3]

If they elimininate my current position and try to force me into this commission only position and I refuse, would I be eligible for unemployment while looking for a new job? That is such a situation-specific question, that I don't even want to hazard a guess as to what the DWD would decide.

If the above is not viable, is there a way for me to force them to terminate me for not accepting the position rather than allow them to force me to resign? You can't force your employer to do anything; you just don't have that power. If you turn down the commission position, your employer undoubtedly will characterize that as a resignation. You naturally will consider yourself to be involuntarily terminated. For UC purposes, what your separation is called just doesn't matter. The only thing that will matter when you file for UC benefits is whether WI UC reg's will consider whether you had "good cause" to decline the position and still be eligible for benefits. And that will depend on the job you have, your present rate of pay, what your experience and skill sets are, the specifics of the job you were offered, what level of compensation you are likely to make and so on.